The Karnataka High Court has granted bail to a Muslim youth, who was accused of marrying a minor and impregnating her.
The order was passed by a Single-Judge Bench of Justice Rajendra Badamikar on Bail Application in the case registered at K.R. Puram Police Station, Bengaluru City, for offences punishable under Sections 9 and 10 of Child Marriage Restraint Act and Sections 4 and 6 of the Protection of Child from Sexual Offence Act, 2012, pending on the file of the Additional City Civil and Sessions Judge at Bengaluru.
Respondent No 2 being a Sub-Inspector of Police of K.R. Puram Police Station has lodged a compliant against the petitioner on the basis of information furnished by the Medical Officer regarding the petitioner committing offence punishable under Sections 9 and 10 of Child Marriage Restraint Act and Sections 4 and 6 of Protection of Child from Sexual Offence Act, 2012.
On the basis of the complaint, the crime came to be registered and later on, the petitioner was arrested and remanded to judicial custody. The petitioner has moved a regular bail petition before the learned Session’s Judge and the same came to be rejected. Hence, the petitioner is before the High Court.
The allegation discloses that in June 2022, the victim, who is the wife of the petitioner, approached the Primary Health Centre in Ramamurthy Nagar for medical checkup and on examination, it was found that she was pregnant. Further, it is also revealed that her date of birth is July 2004 and she was aged about only 17 years.
The petitioner being her husband, it is alleged that the marriage of the victim was solemnized when she was minor and after marriage, she has become pregnant in view of physical relationship between the petitioner and the complainant. Hence, the complaint came to be lodged.
The counsel for the petitioner, at this juncture, contends that under Mohammedan Law, the puberty is the consideration for marriage and normal puberty age is treated as 15 years and hence, he contended that there is no commission of offence under Sections 9 and 10 of the Child Marriage Restraint Act.
“However, such arguments cannot be accepted in view of the fact that POCSO Act is a Special Act and it overrides personal law and under POCSO Act, the age for involving in sexual activities is 18 years”, observed the Bench.
However, at the same time, the Court noted that the victim is aged about 17 years and is capable of understanding things. Though she asserted that without her consent, marriage was solemnized, there is no evidence to show that she has raised any objections and prima facie, it is evident that she is also a consenting party though she is under the influence of her parents.
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“Admittedly, the petitioner is the husband of the victim and looking to these facts and circumstances, there is no serious dispute regarding the marriage as the petitioner himself has produced the relevant documents before the Trial Court regarding the marriage.
“Hence, looking to these facts and circumstances, there is no question of tampering the prosecution witnesses. Considering the relationship of marriage, in my considered opinion, there is no impediment for admitting the petitioner on bail. Further victim being pregnant, requires proper support and petitioner can take care of his wife,”
-said the Court, while allowing the petition and granting bail to the petitioner.