“Every Breakup Lands Man in Jail”: Karnataka HC Orders Release, Raises Concern Over Section 69 BNS Misuse

Karnataka: The High Court of Karnataka has ordered the forthwith release of a man who had been in custody for 42 days in connection with an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, taking judicial notice of the mushrooming of cases invoking the provision and observing that in such cases, where relationships end in breakups, the man invariably lands in lockup.

The petition was filed under Section 482 of the Code of Criminal Procedure, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner, calling into question the registration of the crime and seeking his release, along with an interim stay of further investigation. The matter was heard by Justice M. Nagaprasanna, who passed an oral order on I.A. Nos. 1 and 2 of 2026 on 08.04.2026.

The background of the case, as noted by the Court, was that the petitioner and the complainant were colleagues who developed a friendship, which later blossomed into a relationship and subsequently into a physical relationship that continued for over eight months. The complaint was registered on the allegation that the petitioner had engaged in a physical relationship with the complainant on a promise of marriage and later reneged on that promise, thereby attracting the ingredients of Section 69 of the BNS.

Upon perusal of the complaint, the Court found that the acts between the petitioner and the complainant were entirely consensual, as there was not a single allegation of sexual assault by the petitioner against the complainant. The Court observed that while Section 69 of the BNS penalizes sexual intercourse induced by a deceitful promise of marriage, in the present case, there was no material except an apparent afterthought alleging breach of such promise.

The Court made pointed observations regarding the misuse of Section 69 of the BNS, noting that cases were mushrooming before the Court by the day and that in situations where relationships end in breakups, the man finds himself in lockup. It held that, therefore, it was necessary to direct the petitioner’s release forthwith.

The Court further held that permitting further investigation in the present case would run foul of the judgments of the Supreme Court in Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra (2019) 18 SCC 191, and Samadhan v. State of Maharashtra (2025 SCC OnLine SC 2528).

Accordingly, I.A. No. 1/2026 was allowed and I.A. No. 2/2026 was disposed of. The petitioner was directed to be released forthwith, and the Registry was directed to communicate the order via e-mail to the jail authorities for immediate compliance. An interim stay on further investigation in Crime No. 97/2026, pending before the 41st Additional Chief Judicial Magistrate Court, Bengaluru, was also granted till the next date of hearing. The learned Additional Government Advocate waived notice for respondent No. 1, and emergent notice was issued to respondent No. 2.

For the Petitioner: Sri Aiyappa K.G., Advocate

Case Title: Achal Singhal v. State of Karnataka, CRL.P. No. 4961 of 2026