The Karnataka High Court has granted bail to an accused for an offence under Section 69 of the BNS, 2023 (Sexual intercourse by employing deceitful means), observing that the alleged promise to marry the victim girl was made after the act of sexual intercourse.

It was observed from the victim's statement that she was already aware the petitioner was in a relationship with another girl prior to the promise.

The Bench of Justice S Vishwajith Shetty observed, "From a reading of the aforesaid, it is apparent that the victim girl knew that petitioner was in a relationship with another girl and subsequently, he had approached her and had sexual intercourse with her. The alleged promise to marry victim girl is after the act of sexual intercourse committed by him. For the purpose of attracting the offence punishable under Section 69 of BNS, 2023, a person should have sexual intercourse with a woman by deceitful means or by making promise to marry a woman without intention of fulfilling the same, not amounting to the offence of rape."

Senior Advocate Tomy Sebastian appeared for the Petitioner, while HCGP Channappa Erappa appeared for the State

Brief Facts

The Petitioner filed a petition under Section 439 Cr.P.C./Section 483 BNSS seeking bail in a matter arising out of the alleged offence under Section 69 BNS. 

It was the case of the victim that she was acquainted with the petitioner at her workplace and thereafter, he allegedly promised to marry her and subsequently had a physical relationship on various dates. In the first information, it was alleged that the petitioner, who had promised to marry the victim girl, subsequently had broken his promise and had refused to marry the victim girl.

Contentions of the Parties

It was submitted by the Petitioner that for reasons beyond the control of the petitioner, his relationship with the first informant had failed.

On the contrary, the counsel for the complainant submitted that the petitioner misled the victim girl and, by making false assurances of marrying her, he had a physical relationship with her. 

Observations of the Court

The Court held that in the statement made by the victim girl under Section 183 of BNSS, 2023, she stated that prior to the petitioner making the promise to marry her, he had sexual intercourse.

"Material on record would go to show that even thereafter, petitioner and the victim girl had sexual intercourse on couple of occasions. Investigation of the case is completed and charge sheeted is filed. The maximum punishment for the alleged offence is imprisonment for a period of ten years", it was added.

Accordingly, the Court allowed the petition and directed the registry to release the petitioner.

Cause Title: Sri Mohammed Ayan v. State of Karnataka and Ors. [Neutral Citation: 2026:KHC:55046]

Appearances:

Petitioner: Senior Counsel Tomy Sebastian, Advocate Alwyn Sebastian

Respondents: High Court Government Pleader Channappa Erappa, Advocate Abdul Majid

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