A consensual sexual relationship based on a promise to marry does not constitute rape unless it is proven that the promise was false from the inception and made in bad faith solely to obtain consent.

ORDER :

Y. LAKSHMANA RAO, J.

The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in Crime No.87 of 2026 of Bhimavaram Rural Police Station, West Godavari District, registered against the Petitioner/Accused herein for the offences punishable under Sections 64(1), 78(1)(i), 88 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. Mr.Chakradhara Raja, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.

3. Per contra, Mr.A.Sai Rohit, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner and submitted that the allegations against him are grave and serious in nature. He contended that the petitioner sexually exploited the victim on the false promise of marriage on several occasions and thereafter refused to marry her. The learned Assistant Public Prosecutor further submitted that the investigation is still in progress and that crucial witnesses are yet to be examined.

4. The prosecution also apprehends that, if released on bail, the petitioner may influence the witnesses or tamper with the prosecution evidence, thereby hampering the fair and effective investigation of the case. In view of the gravity of the allegations and the stage of the investigation, he prayed that the present bail application be dismissed.

5. On the other hand, Mr.Anand Kumar Kochiri, learned Legal Aid Counsel appearing for respondent No.2, also vehemently opposed the grant of bail to the petitioner. While reiterating the submissions advanced by the learned Assistant Public Prosecutor, he contended that the petitioner is not entitled to the discretionary relief of bail, as he sexually exploited the victim on the false promise of marriage. He further submitted that, though the petitioner had initially agreed to marry the victim, he subsequently refused to do so. It is further submitted that the offences alleged against the petitioner are grave and serious in nature. Hence, he prayed that the present petition be dismissed.

6. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and the learned Legal Aid Counsel for the respondent No.2. Perused the record.

7. As seen from the record, the petitioner/Accused is aged about 19 years and is at an impressionable age. The victim/de-facto complainant/respondent No.2 is also aged about 19 years. Both of them are teenagers. The respondent No.2 alleged that she and the petitioner were classmates and were in love for some time. The petitioner allegedly induced her to believe that he would marry her and, on that promise, had sexual intercourse with her on several occasions. Thereafter, the respondent No.2 became pregnant. When she informed the petitioner about the pregnancy, it is alleged that he pressurised her to abort the pregnancy and gave her raw papaya, as a result of which she suffered a miscarriage. It is further alleged that, though the elders and mediators from the side of respondent No.2 requested the petitioner to marry her, the petitioner stated that he had no interest in marrying respondent No.2 and suggested that her marriage be arranged with someone else, while giving evasive replies. The petitioner is a permanent resident of West Godavari District and he has got fixed abode. If the petitioner is enlarged on bail, subject to certain stringent conditions, the interests of justice would be sub-served.

8. A fortiori, the Hon’ble