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Kerala High Court Grants Bail To Man Accused U/S 69 BNS, Cites Consensual Relationship With Victim
Anamika MJ
18 Sept 2025 4:57 PM IST
The Kerala High Court granted bail to a man booked for engaging in sexual relations with a divorced woman on the pretext of marriage, observing that prima facie there seemed to be a consensual relationship between the two. The case arose from allegations against the petitioner, accused under Sections 69(Sexual intercourse by employing deceitful means, etc), 74(Assault or use of criminal force...
The Kerala High Court granted bail to a man booked for engaging in sexual relations with a divorced woman on the pretext of marriage, observing that prima facie there seemed to be a consensual relationship between the two.
The case arose from allegations against the petitioner, accused under Sections 69(Sexual intercourse by employing deceitful means, etc), 74(Assault or use of criminal force to woman with intent to outrage her modesty), and 115(2) (Voluntarily causing hurt) of the BNS.
For context section 69 states "Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine".
The complainant, a divorced woman with a child, alleged that she engaged in a physical relationship with the petitioner from 2023 to August 2025, based on his promise to marry her and take her abroad. After he cut off contact, she lodged a complaint alleging sexual assault. The petitioner was arrested on August 31, 2025.
Justice Bechu Kurian Thomas, while granting bail, emphasized that the willing participation in a two-year relationship indicated a consensual relationship between the two.
Referring to the complainant's statement the court said:
“A reading of the above statement prima facie indicates that there was a consensual relationship between the petitioner and the victim for almost two years. Though the learned counsel for the petitioner vehemently contended that the marriage of the victim is still subsisting, her statement mentions that she is a divorcee. Even if it is assumed that the petitioner is a divorced lady, taking note of the long relationship between the petitioner and the victim, and that she had willingly gone with him to his house and other places and engaged in sexual intercourse, I am of the view that there is an indication of a consensual relationship. Of course, that is a matter to be concluded after the investigation".
The Court relied on Supreme Court's decision in Prashant v. State of NCT Delhi (2024) where the apex court had observed that merely because a relationship between a couple has turned sour and the marriage did not take place, are not reasons to assume that the offence of rape was committed or that the physical relationship was entered into on the basis of a false promise of marriage.
It also relied on Amol Bhagwan Nehul v. State of Maharashtra (2025), where Supreme Court observed that a consensual relationship turning sour at a later point in time or partners becoming distant cannot be a ground for invoking the criminal machinery of the State and that such conduct not only burdens the Courts.
The court thus granted bail to the accused on executing a bond of ₹50,000, two solvent sureties, cooperation with investigators, and restrictions on travel and witness tampering.
Case Title: Vishnu v State of Kerala
Case No: Bail Appl. 11168/ 2025
Citation: 2025 LiveLaw (Ker) 578
Counsel for Petitioner: Binu Babukuttan, Aromalunni M S, Ananthakrishnan A, Nima Meriyam Koshy, Saji Kumar P G
Counsel for Respondent: Sreeja V (PP)