Court Observes Accused Approached Complainant's Mother with Marriage Proposal; Bail Granted with Strict Conditions Amidst Ongoing Investigation
Bengaluru, August 27, 2026 - The Karnataka High Court has granted regular bail to Chethan Kumar S, accused in Crime No.189/2026 registered by Mico Layout Police Station, Bengaluru, involving offences under multiple sections of the Bharatiya Nyaya Sanhita (BNS), 2023, including Section 69 relating to sexual intercourse by deceitful promise to marry.
The accused was arrested on June 16, 2026, and had been in judicial custody since then. His bail plea was earlier rejected by the Sessions Court. However, upon hearing the parties on August 27, 2026, Justice S. Vishwajith Shetty considered the facts and legal provisions before deciding in favor of the petitioner.
The case arose from a complaint lodged by a 35-year-old woman who stated that she had developed a friendship with the accused since 2023 and had agreed to his marriage proposal based on his promise to marry her. In March 2025, the accused took the complainant to a resort where they allegedly had sexual intercourse. Crucially, the accused also approached the complainant's mother to formalize the marriage proposal, which was refused.
The Court noted that under Section 69 of the BNS, 2023, the offence requires proof of sexual intercourse obtained by deceitful means or by a promise to marry without any intention of fulfilling it. Here, evidence showed the accused did approach the complainant's mother with a bona fide intention to marry, undermining the claim of deceit.
Justice Shetty observed that a major part of the investigation was complete and the accused had been in custody for over two months. Given the absence of prima facie evidence indicating fraudulent intention and the completion of significant investigation stages, the Court allowed the bail petition.
The bail was granted subject to stringent conditions, including execution of a personal bond of Rs. 1,00,000 with two sureties, regular appearance before the trial court, prohibition on tampering with evidence or influencing witnesses, and a directive not to engage in similar offences during the pendency of the trial. The accused is also restrained from leaving the trial court's jurisdiction without prior permission.
The judgment highlights the careful balancing by courts in safeguarding the rights of the accused while ensuring the integrity of the investigation and trial process under the newly enacted Bharatiya Nyaya Sanhita, 2023.
Bottom Line:
Bail granted in a case under the Bharatiya Nyaya Sanhita (BNS), 2023, where the accused was charged under multiple sections, including Section 69, as the evidence suggested that the accused had an intention to marry the complainant and no deceitful intention was established.
Statutory provision(s):
Sections 69, 115(2), 351(2), 351(3), 89, 352 of Bharatiya Nyaya Sanhita, 2023
Chethan Kumar S v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2972603
