Court Considers Consensual Relationship and Lack of Criminal Antecedents in Granting Bail
In a significant decision, the Karnataka High Court has granted bail to Sri Manjunatha, who was accused under the Protection of Children from Sexual Offences (POCSO) Act, the Prohibition of Child Marriage Act, and the Bharatiya Nagarik Suraksha Sanhita, 2023. The decision was delivered by Justice S Vishwajith Shetty in response to Criminal Petition No. 513 of 2026.
The petitioner, Sri Manjunatha, was accused of having married a minor girl, aged 17, and living with her in a consensual relationship. The allegations were serious, involving sections of the POCSO Act, which deal with sexual offences against minors, and the Prohibition of Child Marriage Act, which prohibits marriage below the legal age.
The case originated from a complaint filed by the mother of the minor girl, who reported her daughter's absence after she left for college. The investigation led to the arrest of the petitioner, with the charge sheet alleging that the couple had married in a temple and lived together as husband and wife.
In granting bail, the court noted several factors. Firstly, the absence of any prior criminal record for the petitioner weighed heavily in his favor. Secondly, the court recognized the consensual nature of the relationship and the victim's understanding of her actions, given her age and maturity. Justice Shetty emphasized that the allegations, while serious, required a full trial to establish their veracity.
The bail is conditional, requiring the petitioner to post a personal bond of Rs. 1,00,000 with two sureties of the same amount. Additionally, the petitioner must appear regularly in court, refrain from tampering with evidence or witnesses, and avoid involvement in similar offences in the future.
This ruling highlights the court's balanced approach in considering the nuances of individual cases, especially those involving consensual relationships and youthful indiscretion, while upholding the need for a thorough judicial process.
Bottom line:-
Bail granted to petitioner accused under POCSO Act, Prohibition of Child Marriage Act, and Bharatiya Nagarik Suraksha Sanhita, 2023, considering consensual relationship, absence of criminal antecedents, and the requirement of a full-fledged trial to prove allegations.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 137(2), 64(2)(m), 127(2), 127(3), POCSO Act, 2012 Sections 4 and 6, Prohibition of Child Marriage Act, 2006 Section 9.
Sri Manjunatha v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2929646
