Karnataka HC orders release of petioner held held for breach of promise of marriage, flags ‘misuse’ of BNS Section 69

The high court of Karnataka has directed release of the petitioner who is in custody for the last 42 days for the offence under BNS section 69. The court observed that there is mushrooming of cases under BNS provision for breach of promise of marriage.

“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,” Justice M Nagaprasanna said in the interim order staying the investigation till the next date of hearing.

The petitioner hails from Gwalior in Madhya Pradesh and works at a private company in Bengaluru. He was in a relationship with his colleague for over eight months.

The complaint stated that the petitioner has had physical relationship on commitment of marriage and has broken the commitment.

The petitioner was arrested and is in judicial custody for more than six weeks.

Justice Nagaprasanna noted that the complaint indicated that the alleged acts between the petitioner and the complainant were all consensual as not a word of allegation of sexual assault by the petitioner against the complainant has been narrated.

“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 said, observing that permitting further investigation would run contrary to the Apex Court judgement in the Dr Dhruvaram Murlidhar Sonar vs State Maharashtra case.