False 69 BNS Case | "Promise To Marry Was Made After Sexual Intercourse": Karnataka High Court Grants Bail To 26-Year-Old Man
KARNATAKA: The Karnataka High Court has granted bail to a 26-year-old man accused of sexual intercourse on a false promise of marriage under Section 69 BNS, after finding that the alleged promise was made only after the first sexual intercourse had already taken place.
Justice S. Vishwajith Shetty allowed the bail petition filed by Mohammed Ayan, who Indiranagar Police, Bengaluru, arrested on July 15, 2026. His earlier bail application was rejected by the Sessions Court on August 19, 2026.
According to the complaint, the man and woman worked together at a clinic. The woman alleged that the accused, despite being in a relationship with another woman, had sexual intercourse with her without her consent in January 2026.
She further alleged that he subsequently promised to marry her, continued the physical relationship and later refused marriage. She claimed that his family opposed the marriage because of caste and religion and had also pressured her employer to terminate her employment.
Senior Advocate Tomy Sebastian, appearing for the accused, argued that circumstances beyond his client's control caused the relationship to fail. He submitted that the allegations were false, the investigation was complete, and the accused had no previous criminal record.
Read Also:- Section 69 BNS: Legal Protection or Weapon Against Men?
The prosecution opposed bail, arguing that the accused had misled the complainant through a false promise of marriage.
However, the High Court examined the complainant's own statement and observed:
“…From a reading of the aforesaid, it is apparent that the victim girl knew that the petitioner was in a relationship with another girl and subsequently, he had approached her and had sexual intercourse with her. The alleged promise to marry the victim girl was after the act of sexual intercourse committed by him…. In the statement made by the victim girl….she has clearly stated that prior to the petitioner making the promise to marry her, he had sexual intercourse.”
The Court considered that the investigation was complete, the chargesheet had been filed, the accused had no criminal antecedents, and the maximum punishment under Section 69 BNS was ten years.
Accordingly, the High Court granted regular bail on execution of a personal bond of Rs 1 lakh with two sureties for the same amount, subject to the satisfaction of the jurisdictional court.
Read Also:- How To Seek Discharge In A Section 69 BNS Promise-To-Marry Case?
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What It Means | Relevance to This Case |
|---|---|---|
| Section 69 BNS, 2023 | Punishes sexual intercourse through deceitful means or a promise of marriage made without intention to fulfil it, where the act does not amount to rape. The maximum punishment is ten years and a fine. | Main offence alleged against Mohammed Ayan. The Court noted that the marriage promise followed the initial sexual intercourse. |
| Section 483 BNSS, 2023 | Empowers the High Court and Sessions Court to grant regular bail. | The accused approached the High Court for bail under this provision. |
| Section 183 BNSS, 2023 | Provides for recording statements and confessions before a Magistrate. | The complainant's statement helped the Court examine when the alleged marriage promise was made. |
| Section 439 CrPC, 1973 | Earlier provision governing special powers of the High Court and Sessions Court regarding bail. | Corresponding provision under the former criminal procedure law, referenced in the judgment's legal context. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | Sri Mohammed Ayan v. State of Karnataka |
| Court | High Court of Karnataka, Bengaluru |
| Bench | Justice S. Vishwajith Shetty |
| Case Number | Criminal Petition No. 13027 of 2026 |
| Decision Date | 1 October 2026 |
| Neutral Citation (NC) | 2026:KHC:55046 |
| Petitioner | Mohammed Ayan |
| Petitioner's Counsel | Senior Advocate Tomy Sebastian |
| FIR / Crime Number | 231/2026 |
| Decision | Regular bail granted |
KEY TAKEAWAYS
- Man Arrested Over False Promise of Marriage: A 26-year-old man faced criminal proceedings under Section 69 BNS and remained in custody before securing bail.
- Woman's Own Statement Raised Questions: The complainant admitted that sexual intercourse had taken place before the alleged promise of marriage.
- Timing of Marriage Promise Matters: The Karnataka High Court highlighted that Section 69 BNS requires sexual intercourse to be linked to deceit or a promise made without intention to fulfil it.
- Man Faced Serious Criminal Allegations: Despite having no previous criminal record, the accused remained in custody until the High Court granted bail.
- Bail Granted, But Legal Battle Continues: The Court granted relief after examining the evidence and circumstances. Bail is not acquittal, and the accused must still face the criminal proceedings.
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