Rape on false promise of marriage: Karnataka High Court orders maintenance

Bengaluru: The Karnataka High Court on Friday granted conditional stay on the proceedings in a case of repeated rape on the pretext of false promise of marriage registered against Krishna J Rao, son of Jagannivas Rao, former BJP member of the Puttur City Municipal Council. Justice M Nagaprasanna passed the interim order subject to the condition that Rs 75,000 per month as maintenance is paid to the survivor and her 10-month-old child.

"It is an admitted fact that the petitioner (Krishna J Rao) is the biological father of the child that is now born and the DNA test has revealed that he is the father. Therefore, Rs 75,000 month on month maintenance till the disposal of the petition has to be paid to ensure the sustenance and welfare of the mother and the 10-month-old baby. The first instalment has to be paid on or before May 1, 2026. The measure, though interim, seeks to alleviate the immediate hardship faced by the complainant’s family who currently finds themselves in a state of abandonment," Justice Nagaprasanna said.

The petitioner has challenged the crime registered for offences under BNS sections 64(2)(m) and 69 for repeated rape and having sexual intercourse on the false promise of marriage. The petitioner and the survivor were classmates. It was alleged that the petitioner had a physical relationship with her after promising to marry her. The survivor gave birth to the child on June 28, 2025. On July 5, 2025, the petitioner was arrested and his father too was arrested for allegedly helping his son to evade arrest.

The counsel for the petitioner submitted that the acts alleged were consensual and both were in love, hence, would not become an offence under section 64 (2) (m) or 69 of BNS. On the other hand, the counsel for the complainant submitted that the mother of the survivor is a housekeeping staff and the father a daily wage employee and they are left in the lurch with a child.

Justice Nagaprasanna noted the matter cannot be confined to consensual acts and granted a blanket stay of further proceedings. The court also noted that there is an interim order of stay granted to the parents of the petitioner, also accused in the case, in two separate criminal petitions.

"The child born from the acts of the petitioner and the complainant is now merely 10 months old. The evident hardship faced by the complainant and the family cannot be brushed aside. A child has been brought into the world and both the child and the mother find themselves in a state of vulnerability, left to navigate the consequences of the petitioner’s actions. While the petitioner may yet be a student, such considerations, cannot eclipse the pressing needs of the child and the mother. Justice, in its equitable dimension, demands a balanced approach," Justice Nagaprasanna said.

The court further said, "The counsel for the complainant undertakes that the matter shall not be sensationalised or taken to the media. It is therefore directed that the complainant, her family and relatives shall exercise restraint and refrain from engaging with the press or media, until the subject matter reaches its judicial conclusion."