JUDGMENT : G. BASAVARAJA, J. The appellant has preferred this appeal against the order passed by the II nd Additional District and Special Judge, Bengaluru Rural District, Bengaluru, in Crl.Misc.No.1552/2025, dated 30.08.2025. 2. The brief facts of the case are that on the basis of the complaint filed by the complainant - informant, Bengaluru Rural District Women Police Station, Bengaluru, have registered a crime in Crime No.21/2025 against accused Nos.1 and 2 for the offence punishable under Sections-64, 64(2), 87, 351(2) read with Section-3(5) of BNS, 2023. After investigation, the Investigating Officer has submitted the charge-sheet against accused nos. 1 and 2 for the offence under Section-64, 87, 351(2) of BNS,2023 and also under Section-3(2)(v) of SC/ST (POA) Act, 1989. The appellant had filed an application under Section-483 of BNS, Act for grant of regular bail and the same came to be rejected. Being aggrieved by this order, the appellant/accused no. 2 has preferred this appeal. 3. The learned counsel for the appellant would submit that respondent no.2 in her complaint itself has admitted that she has met accused no.1 through SNAPCHAT and both of them got acquainted. The same infers that accused no.1 and respondent no.2 were in a consensual relationship. Though the alleged incident is said to have taken place on 25.01.2025, the complaint was lodged on 10.02.2025, wherein it creates a serious doubt about the alleged incident. In the FSL report it is stated that there were no seminal stains, spermatozoa and vaginal secretions were not detected in any of the items seized from the defacto complainant. 4. Perusal of the statement of CW-6, who is the Manager of Athithi Homes, where the defacto complainant was residing, reveals that, on 04.02.2025, she was informed by the defacto complainant that she wants to go to her brother's house and she sought permission from CW-6 by confirming the same over her mobile phone. CW- 6, upon getting suspicious, informed the same to defacto complainant's father, which is when the defacto complainant had come back to her PG. On 05.02.2025, the sister of defacto complainant had taken her away from Athithi homes. CW- 6, upon getting suspicious, informed the same to defacto complainant's father, which is when the defacto complainant had come back to her PG. On 05.02.2025, the sister of defacto complainant had taken her away from Athithi homes. On perusal of the statement of CW6, it is clear that the defacto complainant has lodged the complaint only after her father and her sister, got suspicious on her and in order to escape from her family members, the defacto complainant had lodged this false complaint against the accused persons. Respondent no.2 has included the present appellant only to harass him out of vengeance and wrongful motive. On these grounds sought to allow the appeal. 5. As against this, the learned HCGP would submit that there are prima-facie materials to attract alleged commission of offences which are heinous in nature, hence sought for dismissal for this appeal. 6. I have examined the materials placed before this Court. On the basis of the complaint filed by the complainant/informant, the Bengaluru District Women Police Station have registered a case against the accused nos.1 and 2 viz., Mahesh Gowda and Praveen for the offence punishable under Sections-64, 64(2), 87, 351(2) read with Section-3(5) of BNS, 2023. The accused / appellant was arrested on 11.02.2025 and he was remanded to judicial custody. Till this day, the accused is in judicial custody. After investigation, the Investigating Officer has submitted the charge-sheet against the accused for the offence punishable under Sections-64, 64(2), 87, 351(2) read with Section-3(5) of BNS, 2023 read with Section-3(2)(v) of SC/ST (POA) Act, 1989. At the time of filing FIR, the Investigating Officer has not registered the case under the penal provisions of SC/ST (POA) Act, 1989. After investigation, the Investigating Officer has inserted the penal provisions of SC/ST (POA) Act, 1989. In the charge-sheet it is alleged as under: 7. The medico-legal examination report of sexual violence, issued by the concerned Medical Officer, reveals that the age of the victim is 20 years. The date of birth of the victim is 21.02.2005. At the time of the alleged incident, the victim is a major. In column No.15, the history of sexual violence reveals as under : “(vii) Description of incident in the words of the narrator explained in Kannada language. The date of birth of the victim is 21.02.2005. At the time of the alleged incident, the victim is a major. In column No.15, the history of sexual violence reveals as under : “(vii) Description of incident in the words of the narrator explained in Kannada language. Kumari Aishwarya S, Hounsanur Initially she met in snapchat e Mahesh gowda in december month & both were doing video calls & became more close friends. One day Mahesh gowda on 25th January 2025 Called & invited for dinner, initially she refused to come outside PG hostel later he (Mahesh gowda) threatened her saying that he will kill her parents & she accepted went outside in car. In car she, Mahesh gowda & Praveen 3 went in Highway & given some ice cream & she ate & her eyes become blurred & they stopped the car & inside car Mahesh gowda had sexual intercourse with her then they went to Royal AC Stopover in Yelahanka around 8 pm. On 25/1/2025, stayed overnight Praveen had Sexual intercourse with her on that night but morning when she woke up she was beside the Praveen & he told her take bath and we will leave then she did take bath & wear dress and Praveen left her in bus stop and she went to PG hostel at about 11 pm on 26/1/2085. On 24th February 2025 again Mahesh gowda called her & threatened her saying killing her Parents & asked her to come outside the hostel then she went out of hostel, seen by warden and informed her Parents. Her mother called and asked her to come back then she came to hostel, next day on 5 th February 2025 her sister came to hostel and she took her to her Whitefield home and did urine pregnancy test at home it came negative and informed to her mother later her parents came and enquired all the matter and given complaints and now brought for medical examination.” 8. The FSL opinion kept pending as FSL report is awaited. 9. A perusal of the materials placed before me at this stage, reveals that the investigation is already completed. Accused is not required for further investigation. The FSL opinion kept pending as FSL report is awaited. 9. A perusal of the materials placed before me at this stage, reveals that the investigation is already completed. Accused is not required for further investigation. Considering the accusation made against the present appellant and delay in filing the complaint, I'am of the opinion that it is just and proper to allow this appeal without expressing any opinion on the merits of the case. Accordingly, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The impugned order passed by the II nd Additional District and Special Judge, Bengaluru Rural District, Bengaluru, in Crl.Misc.No.1552/2025, dated 30.08.2025 is set-aside. iii) Consequently, application filed under Section-483 of BNS, 2023 is allowed. iv) Accused/appellant shall be released on bail on executing a self-bond of Rs.1,00,000/- with one surety for like sum to the satisfaction of the trial Court. v) The appellant shall not tamper or threaten the prosecution witnesses in any manner. vi) The appellant shall not enter into similar offences. vii) The appellant shall appear before the Trial Court on all the dates of hearing. viii) The appellant shall not leave the jurisdiction without prior permission of the Trial Court.