'Relationship Breaks Up, Man In Lock-Up': Karnataka High Court Flags Misuse Of Section 69 BNS On 'Deceitful' Sexual Intercourse

Taking note of "mushrooming cases" invoking Section 69 (Sexual intercourse by employing deceitful means etc. ) BNS, the Karnataka High Court ordered the release of a man languishing in jail for the past 42 days in complaint alleging sexual intercourse over false promise of marriage.

The single judge bench of Justice M.Nagaprasanna, while staying further investigation against the accused man in the pending case, noted as below in the interim order:

“The litigation is with regard to misuse of Section 69 of the BNS and mushrooming of cases before this Court by the day and in all cases, where the relationship ends in a breakup, the man is in the lockup. Therefore, it is necessary for this Court to direct release of the petitioner forthwith.”

The court perused the complaint and said that it would clearly indicate that acts between petitioner and the complainant were "all consensual as not a word of allegation of sexual assault by petitioner against the complainant is narrated". 

Relying on Dr. Dhruvaram Murlidhar Sonar v. The State Of Maharashtra(2019) and Samadhan v. State Of Maharashtra(2025), the court observed that continuation of criminal proceedings at this juncture would fall foul of the apex court judgments.

The court noted that both parties were colleagues in an office. The friendship between them blossomed into a relationship and it was physical as well. The relationship ended after 8 months. A criminal case was filed by the complainant, stating that the accused entered into physical relationship on commitment of marriage, and he had broken this commitment.

After examining the original complaint, the court added further:

“Though the provision i.e., Section 69 of the BNS would punish a person having sexual intercourse with the victim on the deceitful promise of marriage, in the case at hand there is no indication except the fact that the breach of promise of marriage is an afterthought that springs in the complaint….”

The court, hence, allowed both the applications filed by the accused for release from jail and an interim stay on proceedings. Accordingly, the proceedings in the criminal case pending before the Magistrate Court were stayed. The court also issued notice to the complainant. 

Advocate Aiyappa KG appeared for the petitioner.

Case title: Achal Singhal v/s State of Karnataka & Anr. 

Case No: CRL.P 4961/2026

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