Karnataka High Court grants bail to rape accused to marry ‘victim’ lover
The High Court of Karnataka has granted 15-day bail to a 23-year-old youth, who is facing the charge of raping his minor lover, to marry her. The family members now want the duo to get married as the girl, who recently completed 18 years of age, has also given birth to a child, and the DNA test has proved youth as the child’s biological father.
Enlarging the petitioner-accused on bail till July 3 for the purpose of marriage, the court asked him to submit the certificate of marriage on the next date of hearing, July 4, while asking him to return to prison on the evening of July 3.
“This course is taken owing to the peculiarity obtained in the facts and circumstances of the case at hand, as the mother has to bring up the child. The newborn does not know as to what has happened. It should not suffer ignominy of any kind in future. Therefore, to protect the interest of the child and also responsibility of the mother in bringing up the child, this direction is found necessary to be issued,” the court said.
Justice M. Nagaprasanna passed the interim order on a petition filed by accused, a native of Mysuru district, for quashing the charge sheet filed against him as his parents and the girl’s mother now want to perform their marriage.
The petitioner-youth was arrested in February 2023 on the complaint of the girl’s mother alleging that he had repeatedly committed sexual assault on the girl, who was at the time of registration of the case 16 years and nine months of age. The police had booked him under Section 376(2)(n) of IPC and Sections 5(L), 5(j)(ii) and 6 of POCSO Act, 2012
“In the peculiar circumstances, as the mother has to bring up the child at this tender age, looking at the fate of the mother and the child who are in dire straits, I deem it appropriate to redeem the grievance of the families by permitting the petitioner to get married to the victim, who is now more than 18 years old…” the court observed.
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