The court granted bail based on the victim's consent and lack of objection, highlighting the significance of relationship dynamics in bail considerations.

Headnote:(A) Criminal Procedure Code - Section 439 - Bail application - The petitioner filed a bail application under Section 439 after being arrested for serious allegations including sexual offences. The victim, a married lady, consented to the relationship but subsequently faced threats regarding personal photos. The court granted bail considering the consent and absence of objection from the victim. (Paras 2, 4, 5)

(B) Bail - Considerations - In determining bail, the court considered the nature of the relationship and the status of the victim as a married person. Factors like the threat posed by the petitioner and relationship dynamics were crucial to the court's decision. (Paras 3, 5)

Facts of the case:
The petitioner was accused of serious offences against a married woman with allegations of coercion and pregnancy termination.

Findings of Court:
The bail was granted considering the victim's consent and no objection to the bail application.

Issues: The primary issue involved whether bail should be granted despite the nature of allegations against the petitioner.

Ratio Decidendi: The court ruled that consent and the victim's lack of objection were significant factors in the bail decision, emphasizing the accused's right to bail in light of specific circumstances.

Result: Criminal petition is allowed.

ORAL ORDER

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

Accused in Crime No.121 of 2025 registered by the Dharwad Sub-Urban Police Station, Hubballi Dharwad City for offences punishable under Sections 64 , 69, 88, 318(4), 351(2) of BNS , 2023, is before this Court under Section 483 of BNS S, 2023 seeking regular bail.

1. Heard the learned counsel for the parties.

2. FIR in Crime No.121 of 2025 was registered by Dharwad Sub-Urban Police Station, Hubballi Dharwad City against the petitioner herein for aforesaid offences based on first information dated 03.07.2025 received from the victim girl aged about 25 years. During the course of investigation, the petitioner herein was arrested on 04.07.2025 and subsequently remanded to judicial custody. Bail application filed by petitioner before the Jurisdictional Sessions Court in Criminal Miscellaneous No.311/2025 was rejected on 02.08.2025. Therefore, he is before this Court.

3. Perusal of the material on record would go to show that victim is a married lady and divorce petition filed by her husband before the jurisdictional Family Court at Hubballi seeking divorce on the ground of desertion and cruelty is pending consideration. Allegation against the petitioner is that with a promise to marry the victim girl, he had sexual intercourse with her and as a result, she got pregnant and subsequently her pregnancy was terminated after she consumed certain tablets. She has alleged that petitioner, who was in possession of her private photos and videos was threatening to circulate the same in social medial.

4. Learned HCGP has fairly submitted that victim lady, who is present before the Court in person has no objection for granting regular bail to the petitioner.

5. Even otherwise, considering the fact that victim is a married lady, who got acquainted with the petitioner in the year 2024 and thereafter, they had a consensual relationship, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:

ORDER

Criminal petition is allowed.

Petitioner is directed to be enlarged on bail in Crime No.121 of 2025 registered by the Dharwad Sub-Urban Police Station, Hubballi Dharwad City for offences punishable under Sections 64 , 69, 88, 318(4), 351(2) of BNS , 2023, subject to the following conditions:

i. The petitioner – accused shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court;

ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

iv. The petitioner shall not involve in similar offences in future.

v. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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