Bengaluru, Karnataka: Karnataka High Court on Friday granted bail to a man accused of the  offence of using deceitful means to to obtain sexual intercourse under Section 69 of the Bharatiya Nyaya Sanhita (BNS).

The court stated that the petitioner had not fulfilled the ingredient of the offence of Section 69 when he made the promise after having sexual intercourse. It pointed out that after consensual sex, a  false promise to marry a woman does not amount to an offence of using deceitful means to to obtain sexual intercourse.

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The accused man reportedly met the victim woman at her workplace. The woman was aware of him being in a relationship with another woman. The accused man said that he allegedly had sexual intercoursem with the woman, which she claimed she refused consent for. After the sexual act, the petitioner promised the complainant that he would marry her and continued the relationship with her.

The petitioner refused to marry her because his parents did not approve of the marriage. After a case was filed against the man and an FIR registered, he  was taken into judicial custody during the course of investigation.

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The man then approached the lower court for bail, which was rejected. After that, he moved the High Court. The high court has, however, granted bail with a Rs 1,00,000 personal bond with two sureties.

While hearing the petition, Justice S Vishwajith Shetty said, “The alleged promise to marry victim girl is after the act of sexual intercourse committed by him. For the purpose of attracting the offence punishable under Section 69 of BNS, 2023, a person should have sexual intercourse with a woman by deceitful means or by making promise to marry a woman without intention of fulfilling the same, not amounting to the offence of rape.“