Concealing a live-in relationship and child before a marriage arrangement can prima facie attract BNS Section 69, Kerala High Court rules in bail appeal

The appellant, the first accused in Crime No. 138/2026 of Feroke Police Station, challenged the Special Court’s dismissal of his application for anticipatory bail.

The prosecution alleged that, while arranging to marry the defacto complainant, a Scheduled Caste woman, the appellant concealed his existing relationship with another woman and their three-year-old child.

It further alleged that, after the marriage was fixed, the appellant had sexual intercourse with the complainant at a hotel in Wayanad on the premise that they would marry.

The alleged offences included Sections 318(4), 3(5) and 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989.

The complainant did not appear despite notice under Section 15A(3) of the SC/ST (PoA) Act.

Whether the allegations, viewed prima facie, disclosed an offence under Section 69 BNS through sexual intercourse allegedly procured by deceitful means

Whether, given the alleged SC/ST (PoA) Act offence, Section 18 of that Act barred the appellant from obtaining anticipatory bail

Section 69 BNS criminalises sexual intercourse, not amounting to rape, where it is obtained either by deceitful means or by a promise to marry made without an intention to fulfil it; the statutory explanation includes certain false promises and marrying by suppressing identity.

Section 3(2)(va) of the SC/ST (PoA) Act applies to specified offences under the IPC Schedule, and the Court considered the corresponding BNS offences capable of attracting that provision where disclosed prima facie.

Section 18 of the SC/ST (PoA) Act bars anticipatory bail where a prima facie offence under that Act is made out.

The Court treated the alleged concealment of the appellant’s existing relationship and child, followed by the marriage-fixation ceremony and sexual intercourse on the premise of the proposed marriage, as prima facie deceitful means within the first limb of Section 69 BNS.

It considered the complainant’s statements and supporting material sufficient at this stage, without deciding guilt.

The Court also accepted that the alleged BNS offences could attract Section 3(2)(va) of the SC/ST (PoA) Act and therefore found the Section 18 bar applicable.

It further accepted the investigating officer’s position that custodial interrogation was necessary for the investigation, including recording the appellant’s statement and conducting the stated investigative procedures.

It dismissed the appeal, confirmed the Special Court’s order, and directed the appellant to surrender before the Investigating Officer forthwith; failing surrender, the officer was at liberty to arrest him and proceed with the investigation.