Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority

The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority.

A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was charged under Section 376(2)(n) of IPC and Sections 5(L), 5(n), 5(j)(2), 6, 20 and 21 of POCSO Act, 2012.

It was alleged that the petitioner/accused and victim were closely intimated to each other since school days and subsequently the petitioner/accused under the guise of marriage, committed penetrative sexual assault on the victim by taking her to Nandi Hills. It is alleged that later on the victim developed pain in the abdomen and when she was examined, she was found to be pregnant. Since the condition was precarious, she was shifted to the Chikkaballapur District Hospital, where she was aborted.

It was stated that when the Medical Officer enquired about her age, she stated that her age was 17 years. Hence, the matter was reported to the police and the police visited the hospital and recorded her complaint. On the basis of the complaint, an FIR was registered and the petitioner was arrested and remanded to judicial custody. Subsequent to the investigation police filed a charge sheet against the accused.

In court, the petitioner/accused filed an affidavit undertaking that he will marry the victim girl as soon as she attains majority and the minor guardian of the victim also filed an affidavit stating that she is prepared to perform the marriage with the petitioner/accused immediately after attaining age of majority.

Following this the court said “The investigation is concluded and the charge sheet has also been laid down. The presence of the petitioner is no more required by the Investigating Agency. Hence, no purpose would be served by keeping the petitioner in custody, since parties have agreed for performance of their marriage.”

Then it held, “In view of filing of respective affidavits by the parties for agreeing for performance of the marriage of the petitioner/accused and the victim immediate on her attaining age of majority, I find no impediment for admitting the petitioner on regular bail.”

Accordingly, it directed the release of the accused on his executing a personal bond for a sum of Rs.1,00,000 with one surety for the like-sum to the satisfaction of the trial Court, subject to certain conditions.

Appearance: Advocate Sathya D for Advocate K V Narasimhan for Petitioner.

HCGP B. Lakshmana FOR R1.

Advocate Trivikram S for R2.

Citation No: 2024 LiveLaw (Kar) 211

Case Title: Lokesh Kumar AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 217 OF 2024

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