Karnataka High Court grants bail to rape accused to marry ‘victim’s’ lover

The Karnataka High Court has granted 15-day bail to a 23-year-old youth accused of raping his minor lover to marry her. The family members now want the couple to get married as the girl, who recently turned 18, has also given birth to a child and the DNA test has proved the youth to be the biological father of the child.

The court extended the accused’s bail until July 3 for the purpose of marriage and asked him to produce the marriage certificate at the next hearing on July 4. At the same time, it asked him to return to the jail on the evening of July 3.

“This course of action has been taken due to the peculiarities of the facts and circumstances of the present case as the mother has to raise the child. The newborn does not know what has happened. He should not suffer any disgrace in the future. Therefore, in order to protect the interests of the child and also the responsibility of the mother in raising the child, it is necessary to issue this order,” the court said.

Justice M. Nagaprasanna granted the interim order on the application of the accused, who hails from Mysuru district, seeking to quash the charges against him as his parents and the girl’s mother now want to go ahead with the marriage.

The juvenile complainant was arrested in February 2023 on the complaint of the girl’s mother who alleged that he had repeatedly sexually abused the girl, who was 16 years and nine months old at the time of registration of the case. The police had arrested him under Section 376(2)(n) of the IPC and Sections 5(L), 5(j)(ii) and 6 of the POCSO Act 2012.

“In the special circumstances where the mother has to raise the child at this tender age and the fate of the mother and the child is in a desperate situation, I consider it appropriate to alleviate the grief of the families by allowing the plaintiff to marry the victim who is now over 18 years of age…” the court observed.