The court emphasized that in cases of consensual relationships, the nature of allegations and the duration of detention are critical factors in deciding bail applications.

O R D E R

This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’). 2. Petitioner is the accused in Crime No.543 of 2025 of Kumily Police Station, Idukki, registered for the offences punishable under sections 450 and 376(2)(n) of the Indian Penal Code , 1860 (for short ‘ IPC ’) and Sections 69, 332(c) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

3. According to the prosecution, the accused had, after deceiving the de facto complainant with a false promise of marriage, committed rape on her during the period from May 2023 to November 2024, on several days, and also assaulted her and thereby committed the offences alleged. Petitioner was arrested on 26.05.2025, and he has been in custody since then.

4. After the investigation was completed, the final report has been filed wherein the offence under Section 69 of BNS has been deleted, and the offences alleged are now only under Sections 450 , 376(2)(n) and 323 of IPC . All offences under BNS, 2023 have been deleted.

5. I have heard Sri.Biju C Abraham., the learned counsel for the petitioner as well as Sri.Noushad K A., the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that petitioner has been in custody since 26.05.2025 and hence further detention is not necessary.

7. The learned Public Prosecutor opposed the bail application.

8. A copy of the statement of the de facto complainant was handed over across the Bar by the learned Public Prosecutor. On a perusal of the same, it is noticed that the de facto complainant herself has stated that she and the petitioner had fallen in love with each other and were in a relationship. It was also stated by her that she is a married lady having a seven year old child and that she was separated from her husband. It is further stated that, the fact of her earlier marriage had been conveyed to the petitioner and, despite that, they fell in love, and were working together in the same place of employment. The statement also indicates that on several occasions they have indulged in physical relationship and the last was in November 2024. She also alleges that the accused had collected an amount of Rs.3,00,000/- from her and when the said amount was demanded back, he assaulted her.

9. The allegations prima facie indicate that the petitioner and the de facto complainant were in a relationship, and they maintained the relationship for almost 1 ½ years, during which period they had engaged in a physical relationship on several occasions.

10. In the decision in Sameer Ibrahim v. State of Kerala and Another [ 2025 (4) KHC 485 ], this Court had already observed that the Court must be conscious while considering bail applications in consensual relationships. Considering the nature of allegations, the Investigating Officer has already deleted the offence under Section 69 of BNS.

11. Taking note of the period of detention undergone by the petitioner from 26.05.2025 and bearing in mind the nature of allegations, especially since the de facto complainant herself stated that they fell in love with each other and were in a relationship, I am of the view that further custody of the petitioner is not necessary.

Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.