Karnataka HC Grants Bail, Notes Woman Allegedly Had Sex Before Man Promised To Marry Her [Read Order]

Bengaluru: The Karnataka High Court has granted regular bail to a 26-year-old man accused of the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, which deals with sexual intercourse by deceitful means or by a false promise to marry, not amounting to rape, observing that, according to the complainant's own statement, the alleged promise to marry came after the first act of intercourse.

Justice S. Vishwajith Shetty was hearing a petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Mohammed Ayan in connection with Crime No. 231/2026 registered by the Indiranagar Police Station, Bengaluru. The FIR was registered on information dated 14.07.2026 given by the 25-year-old complainant. The petitioner was arrested on 15.07.2026 and remanded to judicial custody, and his bail application before the Sessions Court in Crl.Misc. No. 7153/2026 was rejected on 19.08.2026.

The senior counsel for the petitioner submitted that the relationship between the petitioner and the complainant had failed for reasons beyond his control and that she had thereafter approached the police and lodged a complaint making false allegations for extraneous reasons. It was further submitted that the petitioner has no other criminal antecedents, that the investigation is complete, and that the maximum punishment for the alleged offence is ten years' imprisonment.

The High Court Government Pleader for the State and counsel for the de facto complainant opposed the petition. Counsel for the complainant submitted that the first information and the charge sheet material clearly make out a prima facie case, and that the petitioner misled the complainant and had a physical relationship with her on a false assurance of marriage.

The court noted that, according to the first information, the complainant became acquainted with the petitioner at their workplace, that he allegedly promised to marry her and had a physical relationship with her on various dates, and that he later broke the promise and refused to marry her. Referring to her statement recorded before the Magistrate under Section 183 of the BNSS, the court observed that she knew the petitioner was in a relationship with another woman, and that the alleged promise to marry was made after the act of sexual intercourse. The court noted that, for attracting Section 69 of the BNS, a person must have sexual intercourse with a woman by deceitful means or by making a promise to marry without any intention of fulfilling it.

The court also noted that the complainant had clearly stated that the intercourse took place before the promise to marry was made, and that the material on record showed that the two had sexual intercourse on a couple of occasions thereafter. Taking into account that the investigation was complete and a charge sheet had been filed, that the maximum punishment is ten years, and that the petitioner undisputedly has no other criminal antecedents, the court allowed the petition.

The petitioner was directed to be released on bail on executing a personal bond of Rs. 1,00,000 with two sureties for the like sum to the satisfaction of the jurisdictional court. He must appear regularly on all dates of hearing unless exempted by the trial court for valid reasons, must not directly or indirectly threaten or tamper with prosecution witnesses, must not involve himself in similar offences in future, and must not leave the jurisdiction of the trial court without its permission until the case is disposed of. The observations were made in the context of the bail petition.

Appearances:

For the Petitioner: Sri Tomy Sebastian, Senior Counsel, for Sri Alwyn Sebastian, Advocate.

For the Respondent: Sri Channappa Erappa, High Court Government Pleader; Sri Abdul Majid, Advocate, for the de facto complainant.

Case Title: Mohammed Ayan vs. State of Karnataka, Criminal Petition No. 13027 of 2026 (NC: 2026:KHC:55046)

[Read Order]