23 April 2024 Bail and Antcipatory Bail >> Criminal Law   |   Hindu Marriage Act >> Marriage Law  

A Karnataka court recently granted anticipatory bail to a man accused of marrying and having sexual relations with a minor girl. The girl's age at the time of marriage is stated to be 17. The case involves charges of rape (under IPC Section 376), sexual assault of a minor (POCSO Act Sections 4 & 6), and child marriage (Child Marriage Restraint Act Sections 9 & 10).

Pregnant Minor Reported the Incident:

According to court documents, the victim's pregnancy came to light during a hospital visit. Since she was a minor, the hospital staff reported the incident to the police. The girl then reportedly gave a statement accusing the man.

Marriage Performed with Parental Consent:

The man, who has petitioned for anticipatory bail, claims both families consented to the marriage. The petition highlights that no complaints were filed until the pregnancy came to light.

Court Considers Victim's Future:

The court acknowledged the illegality of child marriage but also considered the victim's situation and the couple's willingness to marry legally once the woman reaches adulthood. The court order emphasizes protecting the victim's future.

Bail Granted with Conditions:

The court granted bail with strict conditions, including a bond of Rs. 50,000, surrender within 15 days of receiving the order, and cooperation with the investigation. Most importantly, the bail hinges on the couple registering their marriage after the woman reaches legal age. Failure to do so can lead to the cancellation of bail.

This case highlights the complexities involved in child marriage situations. While the law protects minors, the court also strives to find solutions that consider the well-being of all parties involved.

  Child Marriage Restraint Act, 1929