In considering bail applications, the court weighs the necessity of custodial interrogation against the nature of the allegations and established relationships between the parties.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the sole accused in Crime No.271/2024 of Kadavanthra Police Station, Ernakulam District. The offences alleged are punishable under Sections

376, 376(2)(n), 354 & 323 of the IPC .

3. The prosecution case, in short, is that the applicant had sexual intercourse with the victim/respondent No.3 from 2021 to 2023 after giving a false promise of marriage and thereby committed the offences.

4. I have heard Sri.K.Rakesh, the learned counsel for the applicant, Smt.Mereena J. Joseph, the learned counsel for respondent No.3 and Smt.V.Sreeja, the learned Senior 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor as well as the learned counsel for the respondent No.3, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant and the victim were students aged 27 years. A reading of the FI Statement would show that they fell in love in the year 2021 and the relationship lasted until 2023. Admittedly, there were consensual sexual acts between them on several occasions during this period at various lodges in Kerala, Bangalore and also at the residence of the applicant. It is also revealed from the FI Statement that they were in live-in relationship at a rented house in Bangalore. The first sexual intercourse between the applicant and the victim took place on 12^th July, 2021 at a hotel in Ernakulam. There is a vague allegation that the said sexual intercourse was a forceful one. However, the subsequent events do not justify the said allegation. On several occasions for two years after the said incident, there were consensual sexual intercourse and they even lived together for a considerable period in Bangalore. There is also a vague allegation that the victim consented for sexual acts induced by the promise given by the applicant that he would marry her. But there is no allegation that, prior to each and every sexual act, there was a promise of marriage. It appears from the FI Statement that the victim came to know about another relationship between the applicant and another lady, which resulted in the breaking up of the relationship between the applicant and the victim. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail 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, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witness