Bengaluru: The Karnataka High Court has ruled that a breach of promise to marry does not constitute an offence of rape. The ruling came in response to a petition filed by the Kundapur police against Santosh Shetty, a resident of Hakladi village in Kundapur taluk, who currently resides in the United States.
The bench, headed by Justice Nagaprasanna, examined the charges of rape and fraud against Santosh Shetty and concluded that a false promise of marriage does not meet the criteria for a rape offence. The court reviewed the documents and found no evidence of discussions regarding sexual activity between Santosh Shetty and the complainant, despite their extended WhatsApp conversations after Shetty went abroad.
The case stemmed from an engagement that was eventually called off due to differences between Shetty and the complainant. The court noted that while Shetty had expressed intentions to marry, the promise was not fulfilled due to various reasons, leading to the annulment of the engagement. However, there was no indication that Shetty or his family had lured the complainant with false promises.
The court emphasized that continuing the case would be a misuse of the law and ordered its dismissal. “This case does not fall under the allegation of fraud,” the court stated, adding that prosecuting such cases could lead to potential abuse of legal provisions.
Santosh Shetty, who works as a supervisor at Royal Caribbean Group International Shipping Company in New Jersey, USA, had connected with two women from Kundapur Taluk through the Shetty Matrimonial website. He eventually met the complainant at Hakladi temple on January 8, 2023, leading to an engagement on January 11, 2023.
Following the engagement, the complainant requested Rs 4 lakh for investment in a fund, which Shetty promptly transferred. Despite ongoing discussions between the families, the engagement was called off, and the marriage was cancelled.
Seven months later, the complainant filed a rape complaint against Shetty, alleging that he had assaulted her on the day of the engagement when no one else was at home. Additionally, the complainant accused Shetty’s family of fraud for breaking the promise of marriage.
The Kundapur police investigated and filed a charge sheet. However, Shetty approached the High Court, questioning the validity of the charges, leading to the court’s recent ruling.
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