The Court found that consensual relations under a promise of marriage do not always constitute rape, contingent upon the absence of bad faith in the promise.

ORDER :

SHIVASHANKAR AMARANNAVAR, J.

1. This petition is filed by accused No. 1 under Section 483 of BNSS praying to grant bail in Crime No. 160/2025 of Basavanagudi Police Station registered for offences under Sections 69, 351(2) and 352 of BNS.

2. Heard learned counsel for petitioner and learned HCGP who is assisted by learned counsel for defacto complainant.

3. Learned counsel for petitioner would contend that initially FIR has been registered for offence under Sections 69, 351(2) and 352 of BNS against petitioner and his mother. Thereafter charge sheet has been filed only against this petitioner for offense under Section 69 of BNS. Learned counsel for petitioner would contend that the victim is aged about 44 years and petitioner is aged about 30 years. Victim lady is a divorcee. Victim lady and petitioner came in contact with each other by Bumble App which is a friendship app. They had sexual intercourse from 04.04.2024 in different places at different dates. Earlier friend of this victim lady had filed a complaint against the petitioner registered in crime No. 162/2025 of Malamaruthi Police Station, Belagavi wherein petitioner had been arrested and he was granted bail on 05.11.2025. Thereafter, immediately the victim lady filed a complaint on 10.11.2025 and petitioner was arrested on 13.11.2025. Marriage of the petitioner was performed on 25.05.2025, marriage was registered and certificate is produced along with a memo. He further submits that physical relationship under promise of marriage will not amount to rape in every case and on that point reliance has been placed on the decision of the Hon’ble Apex Court in the case of Nitin B. Nikhare Vs. The State of Maharashtra and another . He further submits that merely because petitioner is having criminal antecedents is not a ground for grant of bail and on that point reliance has been placed on the decision of the Hon’ble Apex Court in the case of Prabhakar Tewari Vs. State of Uttar Pradesh and another reported in 2020 (11) SCC 648 . He further submits that Police Inspector who was involved in a similar case of promising to marry and having sexual intercourse has been granted anticipatory bail in Crl.P. No. 15633/2025 by order dated 03.12.2025. In the said case this Court placed reliance on the decision of the Hon’ble Apex Court in the case of Biswajyoti Chatterjee Vs. State of West Bengal and another , 2025 INSC 458. He further submits that investigation is completed and charge sheet has been filed and petitioner is not required for further custodial interrogation. Petitioner is ready to appear before the trial Court on all dates of hearing and cooperate for speedy disposal of the case. With this, he prayed to allow the petition.

4. Per contra, learned HCGP would contend that the statement of the victim lady has been recorded under Section 183 of BNSS wherein she has specifically stated the acts of this petitioner committing sexual intercourse with her under the promise of marriage and subsequently marrying another lady. Petitioner is having criminal antecedents and he is involved in crime No. 162/2025 of Malamaruthi Police Station, Belagavi for committing similar offence. Considering the entire charge sheet and other materials on record offence under Section 69 of BNS is clearly attracted. If the petitioner is granted bail there is threat to the complainant and other prosecution witnesses. With this, he prayed to reject the petition.

5. Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record.

6. As per charge sheet case of the prosecution is that the petitioner came in contact with the victim lady through Bumble