"Newborn Shouldn't Suffer Ignominy In Future": Karnataka HC Allows Interim Bail To POCSO Accused To Marry Victim Who Had Given Birth To Their Child

The Karnataka High Court recently granted 15-day interim bail to a POCSO rape accused to allow him to marry the victim who has turned major and has given birth to a child.

A single judge bench of Justice M Nagaprasanna said “The petitioner shall be released on grant of interim bail which will be operational from 17-06-2024 upto 03-07-2024. The petitioner shall return to the goal on the evening of 3rd July, 2024. The Certificate of evidence of marriage shall be placed before the Court on the next date of hearing.”

The 23-year-old accused is charged with offences punishable under Section 376 (2)(n) of the IPC and Sections 5(L), 5(J)(II)& 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He approached the court seeking to quash the entire proceedings.

As per the complaint filed by the mother of the victim, it was alleged that her daughter and the petitioner were in love with each other while studying at Shree Kanteshwara School and it was her further case that the petitioner and her daughter used to meet often and on 15-02-2023, he went to the school in a bike, took the complainant's daughter to an isolated place and committed sexual assault on her.

She was then 16 years and 9 months old and the police conducted an investigation and filed a charge sheet against the accused who has been in judicial custody since.

It was stated that the victim later gave birth to a child. The counsel for the petitioner and the respondents argued that the petitioner and the victim were in love, but the parents had come in between them.

It was argued that at this point in time due to a sexual act between both parties, a child was born and the child was now a year old. It was submitted that the parties were seeking closure of these proceedings on account of the desire of the petitioner to get married to the victim so that the victim and her child are not left in a lurch. Thus the petition was preferred in the nature of compounding of the offence on account of such compromise.

On going through the records the bench noted “The victim is now aged 18 years and, therefore, the marriage is what is seen as the necessary solution by the members of the families in the peculiar facts of the case. This court directed production of a report of DNA that was conducted at the time of birth of the child. The report of the DNA is placed before this Court. The report depicts that the petitioner is the biological father and the victim is the biological mother of the child. Therefore, the child born from the sexual act between the two is not in dispute.”

Further, it said, “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 and for the purpose of the said marriage, I deem it appropriate to grant the petitioner interim bail in exercise of jurisdiction under Section 482 of the Cr.P.C. enabling the petitioner to come out and get married to the victim.”

It thus observed that this course was taken owing to the peculiarity of the facts and circumstances as the mother has to bring up the child. "The newborn does not know as to what has happened. It should not suffer the ignominy of any kind in future. Therefore, to protect the interest of the child and also the responsibility of the mother in bringing up the child, this direction is found necessary to be issued,” the Court stated.

Case Title: ABC AND State of Karnataka & ANR

Case No: CRL.P 4658/2024

Appearance: Advocate M SHARASS CHANDRA for petitioner.

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