The court may grant regular bail following the completion of an investigation and filing of a charge sheet, particularly where medical reports are inconclusive and there is evidence of pre-existing personal disputes that cast doubt on the veracity of the complaint.

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC NO.6/2026 (CRIME NO.51/2025 OF UDUPI WOMEN POLICE STATION) ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE UDUPI REGISTERED FOR THE OFFENCES P/U/S 64, 115(2), 351(2) AND 352 OF BNS 2023.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused in S.C.No.6 of 2026, pending before the Court of II Additional District & Seesions Judge, Udupi, arising out of Crime No. 51 of 2025 registered by Udupi Women Police Station, for offences punishable under Section 64 , 115(2), 351(2) and 352 of BNS 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.51 of 2025 was registered by Udupi Women Police Station for the aforesaid offences against the petitioner herein, based on the first information dated 29.11.2025 received from the victim lady, aged about 26 years. During the course of investigation of the case, petitioner herein was arrested and remanded to judicial custody on 30.11.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in S.C.No.6 of 2026 was rejected on 09.03.2026. Therefore, he is before this Court.

4. The petitioner during the course of his argument has produced a memo along with certain documents. He submits that the petitioner and the victim girl were in relationship for the past more than 8 years. They were classmates and subsequently they started loving each other. Thereafter for a considerable period of time, they were in a consensual sexual relationship. He submits that petitioner and the alleged victim also had financial transactions and after a dispute arose between them, she had earlier filed criminal case against the petitioner in Crime No.49 of 2025 before the very same police station for offences punishable under Sections 75(2), 126(2), 352, 351(2) of BNS, 2023. After the petitioner was granted anticipatory bail in the said case, the alleged victim has filed a false case which has resulted in registering FIR in Crime No.51 of 2025. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition. He submits that the petitioner has committed a heinous offence after he was granted anticipatory bail in Crime No.49 of 2025. In the event, petitioner is enlarged on bail, he may tamper with the prosecution witness. Accordingly, he prays to dismiss the petition.

6. The material which is now produced by the petitioner along with the memo would reveal that the petitioner and the victim lady were acquainted to each other for a considerable period of time. It also appears that the victim lady had earlier borrowed loan from a Credit Cooperative Society, Udupi and for the said loan the petitioner was the guarantor. In the statement of the petitioner that was recorded before the medical officer, who had medically examined the petitioner in the present case, it is stated that petitioner and the victim girl are classmates and they are in a relationship for the last more than 8 years.

7. FIR in Crime No.49 of 2025 was registered by the very same police station and in the said case, the victim has stated that she got acquainted with the petitioner while she was studying in college. She has not disclosed either in the first information submitted in Crime No.49 of 2025 or in the present case about the financial transaction between the parties. On the other hand, she has st