The Karnataka High Court has granted regular bail in a case under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, after noting that the alleged promise to marry was made after sexual intercourse had already taken place. Justice S. Vishwajith Shetty also considered that the investigation was complete, the charge sheet had been filed and the accused had no previous criminal antecedents.
Background
The case arose from a complaint registered at Indiranagar Police Station, Bengaluru. According to the material placed before the Court, the woman and the accused had become acquainted at their workplace.
The woman alleged that they subsequently had physical relations on several occasions and that he had promised to marry her. She later alleged that he refused to marry her because of family pressure.
The accused disputed the allegations and claimed that the relationship had failed for reasons beyond his control. His counsel also submitted that the accused had no previous criminal record and had remained in custody since July 15, 2026.
The prosecution and the counsel representing the complainant opposed bail, arguing that the complaint and charge-sheet material disclosed a prima facie case based on an alleged promise of marriage.
While considering the bail request, the High Court closely examined the statement recorded before the Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The Court particularly noted that, according to the woman’s statement, sexual intercourse had taken place before the alleged promise of marriage was made. It further observed that physical relations allegedly continued on subsequent occasions.
The Court explained the legal requirement under Section 69 of the BNS in these words:
“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.”
The Court also took note of the fact that the investigation had been completed, the charge sheet had been filed, and the maximum punishment for the alleged offence was imprisonment for ten years.
The High Court allowed the bail petition and directed that the petitioner be released on bail in Crime No. 231/2026 registered by Indiranagar Police Station.
The bail was made subject to conditions, including execution of a personal bond of ₹1 lakh with two sureties, regular appearance before the Trial Court, non-interference with prosecution witnesses, not committing a similar offence, and not leaving the Trial Court’s jurisdiction without permission.
Case Details
- Case Title: XXX v. State of Karnataka
- Case Number: Criminal Petition No. 13027 of 2026
- Judge: Justice S. Vishwajith Shetty
- Decision Date: October 1, 2026
