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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Hiran Das Murali, S/o. Murali – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
| Table of Content |
|---|
| 1. allegations in the fir concerning rape under false promise. (Para 2) |
| 2. detailed account of the complainant's relationship and allegations. (Para 4 , 9 , 10) |
| 3. contrasting submissions and contentions from both parties. (Para 5 , 6 , 7) |
| 4. court's necessity to evaluate nature of relationship and consent. (Para 8 , 12) |
| 5. legal principles respecting consent and relationships discussed. (Para 13 , 14 , 15 , 18) |
| 6. court's discretion in bail considering background and present context. (Para 20 , 21 , 22) |
| 7. conditions for bail established without custodial interrogation. (Para 23 , 24) |
ORDER :
Petitioner apprehends arrest in Crime No. 531 of 2025 of Thrikkakara Police Station, which is registered alleging offences punishable under sections 376 and 376(2)(n) of the Indian Penal Code, 1860. Hence, he has filed this application under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , seeking anticipatory bail.
3. Petitioner claims to be a musician who has staged various performances and is stated to be a budding star in the field. He alleges that there are various persons circulating threats after forming a group, intending to tarnish his image. Petitioner alleges th
A consensual relationship should not automatically be interpreted as rape on the basis of a broken promise of marriage, emphasizing the need to consider context and intentions behind consent.
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 clarified that consensual sexual relations do not always amount to rape, emphasizing individual examination of circumstances in cases of alleged deception.
The legal principle established is that consent given under a false promise of marriage must involve an active and reasoned deliberation, and the promise of marriage must have been a false promise gi....
Long-term consensual relationships cannot be criminalized as rape unless clear evidence of deceit or malicious intent is established.
Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applic....
The legal point established is that a false promise leading to sexual intercourse and breach of promise can constitute a prima facie case of kidnap, rape, and cheating under the Indian Penal Code.
The court emphasized the distinction between consensual relationships and allegations of rape, ruling that mere allegations without evidence of coercion do not suffice for criminal proceedings.
Consent in relationships does not equate to rape unless proven that the promise of marriage was made with no intention to fulfill it; bail is the rule and imprisonment the exception.
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