The court emphasized the significance of delay in reporting and the absence of initial serious allegations in determining bail eligibility in sexual offence cases.

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused in Crime No.77/2025 registered by Hubballi Suburban Police Station, Hubballi-Dharwad District for offences punishable under Sections 64 (1), 308(2), 126(2) and 352 of BNS, 2023 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS 2023) seeking regular bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.77/2025 was registered by Hubballi Suburban Police Station, Huballi-Dharwad District initially for the offences punishable under Sections 126 (2), 352, 75 and 76 of BNS 2023 against the petitioner herein, based on the first information dated 16.05.2025 received from the victim lady, aged about 39 years. During the course of investigation of the case, the petitioner was arrested on 30.05.2025 and subsequently remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.5334/2025 was rejected on 17.06.2025. Therefore, he is before this Court.

4. Perusal of the material on record would go to show that, in respect of the alleged incident that had taken place on 15.12.2024, FIR was registered in the present case against the petitioner initially for the offences punishable under Section 126 (2), 352, 75 and 76 of BNS, 2023. The first informant, aged about 39 years has stated in her belated first information filed on 16.05.2025 that she and 15 others from her village had availed financial assistance from a private finance known as SKS Finance and were repaying installment regularly. The petitioner was working as a cash collector in the aforesaid finance company and it is alleged that he was collecting installment amount from the first informant and others but had not deposited the same to the finance company. The first informant allegedly had demanded repayment of the money collected from her by the petitioner and on 15.12.2024, the petitioner allegedly had asked the victim lady to come and collect money from him. When the victim lady went to the spot where she was summoned by the petitioner, he allegedly took her to a private lodge and approached her with sexual intent. When he tried to pull her sarree, she allegedly escaped from the room and returned to her village. She has further alleged that the petitioner had threatened her that in the event she approached the police he will be circulating her private photos in social media.

5. From a reading of the first information it appears that, there is some financial transaction between the petitioner and victim lady. According to the victim lady, she allegedly had gone to meet the petitioner on 15.12.2024 and on the said date he had taken her to a lodge and when he tried to misbehave with her, she allegedly escaped from the said lodge and had returned home. She however, further alleged that the petitioner had threatened of circulating her private photos with him in social media. In the first information which is submitted by the victim lady, after a delay of six months from the date of alleged incident she had not made any allegation about the petitioner committing forcible sexual intercourse with her. It appears that in her further statement that was recorded on 28.05.2025 she has made some allegation alleging that the petitioner had forcible sexual intercourse with her. It is under these circumstances, offence under Section 64 (1) of BNS, 2023 has been now invoked against the petitioner.

6. The petitioner, aged about 23 years having no criminal antecedents is in custody for the last two months. Considering the fact that there is a abnormal delay of more than six months in approaching the police from the alleged date of incident and also the fact that no such allegation was made in the belated first information which woul