Pre-Trial Detention May Cause Serious Stigma On Person's Character: Karnataka HC Grants Pre-Arrest Bail To National Hockey Player In POCSO Case

The Karnataka High Court recently granted anticipatory bail to a national-level hockey player who is charged with offences punishable under Protection of Children From Sexual Offences Act (POCSO), on the allegation of rape on false pretext of marriage.

A single judge bench of Justice Rajendra Badamikar allowed the application filed by the accused and said,

“Right of Freedom is a fundamental right and merely on the basis of allegations, the Fundamental Right cannot be curtailed and the matter requires a detailed trial and if the petitioner is found guilty during the course of the trial, then the law will take its own course. However, the pre-trial detention is unwarranted as it will be a serious stigma on the character of a person.”

The victim claimed petitioner repeatedly raped her under promise of marriage and later resiled. She also claimed petitioner threatened her to enter to into physical relationship on strength of some intimate photographs.

The petitioner argued that the records disclose that it was a consensual relationship from 2021 to 2023 and the victim was a major then. It is also alleged that there is inordinate delay in lodging the FIR.

The bench on going through the records noted that If the date of birth of the victim is taken into consideration, she was 17 1⁄2 years when the first incident took place and she maintained the relationship even upon attaining the age of majority "For four years, they continued their relationship even after the victim attained the age of majority. But, during this period the victim nowhere complained regarding she being enticed or exploited by the petitioner...When the parties continued their consensual physical relationship for a considerable long time, then the allegation of rape does not carry much importance. What is the real intention of the complainant-victim in prosecuting this matter is not at all forthcoming," Court noted.

So far as threatening under the guise of intimate photographs is concerned, Court said the victim' family is highly reputed and influential and thus, the question of petitioner blackmailing her holds no water.

Court also pointed there is no material evidence placed to show that the relationship was developed under false promise of marriage.

Accordingly, it allowed the petition and granted anticipatory bail to petitioner on execution of personal bond for a sum of Rs.2,00,000.

Appearance: Advocates Arjun Syal, Mehaak Jaggi, a/w Advocates Vaibhav Luthra, Sivarama Krishnan and Sindhu V for Petitioner.

K. Nageshwarappa, HCGP for Respondents

Citation No: 2024 LiveLaw (Kar) 190.

Case Title: ABC AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 2020/2024

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