Pre-arrest bail may be granted where the conduct of the complainant and the timing of the FIR (lodged after a third party discovered the relationship) create a strong probability that the sexual acts were consensual rather than forced.

ORDER

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.292/2026 of Kumbla Police Station, Kasaragod District. The offences alleged are punishable under Sections 64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that in August 2025, the applicant committed house trespass into the residence of the defacto complainant at K.K. Puram, Mogra Village, and committed rape on her repeatedly under threat. The applicant initially took the defacto complainant to a godown of his garments shop under the pretext of showing dresses, and on a subsequent day, came to her house under the pretext of delivering an altered churidar, where he used force and committed the said acts and thereby committed the aforementioned offences.

4. I have heard Sri.T.B.Shajimon, the learned counsel for the applicant, Smt.T.Madhu, the learned counsel for the additional respondent No.2 and Sri.M.P.Prasanth, 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 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 Public Prosecutor as well as the learned counsel for the additional respondent No.2, 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 victim is a married lady having two children. She is aged 42 years. The applicant is aged 26 years. The husband of the victim is employed in Gulf. The applicant is employed as a salesman in a textile shop. The applicant and the victim met each other when the latter visited the shop where the applicant was employed. A reading of the FI Statement would show that, thereafter, their relationship became intimate and they engaged in sexual intercourse on several occasions at the victim's house. According to the victim, it was a forced sex without her consent. However, according to the applicant, it was consensual in nature. The entire reading of the FI Statement and the admitted facts and circumstances, probabilises the case of the applicant. As already stated, the applicant is an unmarried young man aged 26 years, whereas the victim is a married middle-aged woman aged 42 years whose husband is employed in the Gulf. Even though, the alleged incident occurred in August 2025, the complaint was lodged only after the husband of the victim came down to India from the Gulf and knew about the relationship between the victim and the applicant. The victim alleges that the first incident took place at her house. She admits that she invited the applicant to her house where she was raped by the applicant. However, on three subsequent occasions as well, the alleged forceful sexual acts took place at the house of the victim. On those occasions also, the applicant was invited by the victim that too after she allegedly suffered a sexual assault on earlier occasion. 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 appear before the investigating officer on 26.06.2026 at 10:00 a.m. for interrogation.

(ii) The applicant can be