Umed Singh Rathore v. State
In the High Court of Karnataka
Cri. P. 2952/2020
Before Justice Sreenivas Harish Kumar
Decided on July 14, 2020

Relevancy of the case: Anticipatory bail application in a case involving a promise to marry and impersonation

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66D)
• The Indian Penal Code, 1860 (Section 376)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• The petitioner allegedly developed a sexual relationship with the complainant, promising to marry her. When asked about the marriage later, the petitioner said that he’d brought the matter to the attention of his parents.
• Later, the complainant received a woman’s call on the petitioner’s mobile. The person on the other end claimed that she was the petitioner’s cousin, yet the complainant still harboured some doubts. On opening the Facebook account of the petitioner, she discovered that he was already married. Thus, she decided to approach the police.

Prominent Arguments by the Advocates

• The petitioner’s counsel pointed out that there had been a delay in lodging the complaint. The complainant was a major and even if sexual intercourse had taken place, it was consensual. Thus, an offence under Section 376 is difficult to establish. The petitioner has agreed to abide by all conditions of anticipatory bail and deserves it.
• The respondent’s counsel opposed the demand for anticipatory bail, claiming that there were allegations of cheating too.

Opinion of the Bench

• Delay in filing a complaint can not be considered a ground. The petitioner might have lured the complainant in for a sexual relationship, under the garb of marriage. Since the matter is under investigation, the allegations cannot be called baseless.

Final Decision

• The petition was dismissed.

This case summary has been prepared by Akshita Rohatgi, an undergraduate student at the University School of Law and Legal Studies, GGSIPU, during her internship with The Cyber Blog India in January/February 2021.