The court can grant bail if custodial interrogation is deemed unnecessary amidst the circumstances surrounding the case.

O R D E R

This application is filed under Section 482 of the bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

2. The applicant is the sole accused in Crime No.1371/2025 of Sulthan Bathery Police Station, Wayanad. The offences alleged are punishable under Sections 323 , 354, 376(2) (n), 377, 406 and 420 of the Indian Penal Code, 1860 , Sections 318 and 69 of the Bharatiya Nyaya Sanhita, 2023 and Section 66E of the Information Technology Act, 2000 .

3. The prosecution case, in short, is that the applicant sexually assaulted and committed rape on the victim/respondent No.2 on several occasions without her consent after giving false promise of marriage from 13.08.2021 to 31.01.2025. It is further alleged that the applicant induced the respondent No. 2/victim and obtained Rs. 7,00,000/- and gold ornaments worth Rs. 3,00,000/- after giving a false promise of marriage and thereby committed the offences alleged.

4. I have heard Sri.M.P. Ashok Kumar, the learned counsel for the applicant, Sri.Firoz K.M., and Smt.M.K. Pushpalatha, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor and the learned counsel for the respondent No.2, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The crime was registered pursuant to a private complaint filed by the respondent No.2 before the Judicial First Class Magistrate Court-I, Sulthan Bathery. Annexure A7 is a copy of the said complaint. On a reading of Annexure A7 order, it is seen that the applicant and the respondent No.2 were in a physical relationship right from 2021 till 2025. It is alleged that on the first occasion in the year 2021, the applicant forcibly committed rape on the respondent No.2. However, admittedly there were consensual sexual relationship thereafter. The private complaint was filed only in the year 2024. In Annexure A9, the bail order of the Sessions Court, in para 5, it is stated that the wedding ceremony of the applicant with respondent No. 2 was held at Sterling Resort on 16.11.2024, and subsequently, on 29.12.2024, and thereafter, they resided together in the family of the applicant. Annexures A1 to A5, produced along with the bail application, also show that there were some wedding reception ceremonies.

8. The learned counsel for respondent No. 2 submitted that those ceremonies were arranged by the applicant to make it appear that there was a marriage, but there was no intention on the part of the applicant to contract marriage. Those are matters to be investigated. However, the fact is that the private complaint was filed after the so-called wedding ceremonies. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, in