The Karnataka High Court granted a 15-day bail to a man accused of rape to marry the survivor, who recently turned 18. The accused, from Mysuru district, was arrested in February 2023 after the girl’s mother alleged he repeatedly sexually assaulted her daughter when she was 16 years and nine months old.
Bengaluru: The Karnataka High Court granted a 23-year-old man, accused of raping a girl when she was 16 years and nine months old, a 15-day bail to marry her. Both families support the marriage, particularly since the girl, who recently turned 18, has given birth to a child.
DNA tests confirmed that the accused man is the child’s biological father. The court instructed the petitioner to return to custody by the evening of July 3 and present a marriage certificate at the subsequent hearing on July 4.
The court stated,
“The decision was made due to the unique facts and circumstances of this case, given the mother’s responsibility to raise the child. The newborn is unaware of the events that transpired and should not suffer any future disgrace. Thus, to safeguard the interests of the child and acknowledge the mother’s role in raising the child, this order is deemed necessary,”
This decision, according to the court, aims to safeguard the child’s welfare and support the young mother.
Last Saturday, Justice M Nagaprasanna issued an interim order in response to a petition from the accused. The petition requested the dismissal of the charges, as both families involved wish to proceed with the wedding.
The accused, from Mysuru district, arrested in February 2023 following allegations by the 16-year-and-9-month-old girl’s mother that he repeatedly sexually assaulted her daughter. He faces charges under Section 376(2)(n) of the Indian Penal Code and Sections 5(L), 5(j)(ii), and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
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The court observed,
“In these exceptional circumstances, where the young mother is raising a child, and considering the challenging situation of both the mother and child, I find it appropriate to alleviate the families’ distress by permitting the petitioner to marry the victim, who is now over 18 years old,”
Considering the circumstances, Justice Nagaprasanna noted the necessity of the marriage to support the young mother and child, given their vulnerable situation.
The Karnataka High Court’s decision highlights the complex and often controversial nature of judicial rulings in cases involving serious accusations and intimate relationships.