Grant of bail to rape accused by Karnataka High court as the relationship between the parties appears to be consensual.

In the given case; the respondent made accusations against the appellant that; when he was working as a manager in Bajaj Finance Limited he met with the respondent; with the passage of time he told her; that he loved her and would marry her, after which he forcibly had sexual intercourse with her and following this the appellant threatened her that he would upload all the intimate videos on social media and under this pretext he continued to have a sexual relationship.

The respondent become pregnant twice in the next two year; and  forced to terminate both the pregnancies by the appellant. On July 10, 2021 the appellant told her that; he would not marry her as she belongs to the “Madiga” caste and tried to strangle her with a charger wire. The respondent later attempted to take his own life. Thereafter on 6.09.21 the victim made a complaint to the police. The FIR  lodged after the appellant approached Vanitha Sahayavani; a community collaboration and helpline of the Bangalore City police which provides support to women in distress as he found it difficult to bear with the torture she was putting him through. The FIR lodged nearly after two months of the last alleged incident.

The man charged under Section 376 (Punishment for rape), 313(causing miscarriage without women’s consent), 307(Attempt to murder), 417(cheating) of IPC, 1860 and offences under the scheduled caste and scheduled Tribes (prevention of Atrocities) Act.

It was argued by the appellant that the intimate relationship between the appellant and the respondent; was consensual as they both presented themselves as husband and wife for the termination of pregnancies; and she gave her consent for the procedure. It was said that a 27 year old women knew the consequences of what she was doing.

The court pointed out that; if the allegations were true then why the respondent was waiting for two months to file an FIR. The court observed that;; the relationship between the parties appeared to be prima facie consensual and released the man on bail bond of two lakh rupees, and directed not to threatened witnesses, temper with evidence or influence the woman and also directed not to commit any other criminal offence.

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