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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
Abhishek Rathod, S/o. Late Ashok Ramappa Rathod – Appellant
Versus
State By Basavanagudi Police Station, Bengaluru, Represented By SPP – Respondent
| Table of Content |
|---|
| 1. bail petition filed under specific sections. (Para 1) |
| 2. arguments regarding the nature of consent. (Para 3 , 4) |
| 3. court's review of evidence and arguments. (Para 5 , 9) |
| 4. legal principle regarding consent and promises to marry. (Para 7) |
| 5. order granting bail with conditions. (Para 10) |
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 h
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.
Misconception of fact – Merely because physical relations were established on a promise to marry, it would not, by itself, amount to rape.
Consent given under a false promise to marry must be proven as knowingly false from the outset for an accusation of rape to succeed; consensual relationships later turning sour do not invoke criminal....
The court determined that lack of evidence justified granting bail to the accused despite serious allegations.
The court determined that allegations of rape based on a false promise of marriage do not hold if the victim is married and both parties consented.
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