Bail granted to POCSO accused on the ground of inordinate delay of 4 to 5 years with sarcastic excuses: Karnataka High Court

April 23 (1)_CRIMINAL PETITION NO. 2020 of 2024

Bail granted to POCSO accused on the ground of inordinate delay of 4 to 5 years with sarcastic excuses: Karnataka High Court

By Praneetha Shivaprasad

A single-judge bench of the Karnataka High Court has granted anticipatory bail in a POCSO case, for the alleged offence of rape by falsely promising marriage. The child was 17 years old at the time of the alleged offence. The victim claims that the offence occurred multiple times over four years even after she attained majority. The accused was a fellow sportsperson, who became acquainted with her when both practised their respective sports in the same ground. The court granted Anticipatory Bail since the victim’s narrative seemed to have contradictions of rape. The court stated that it was unlikely that the child was blackmailed since her family was politically well-connected. The Court stated that there is no material evidence to show that the relationship was developed under the false promise of marriage. The court opined that based on the facts of the case it is peculiar that the POCSO has been invoked since the victim was 17 years old at the time of the first offence. The alleged rape continued for four years, while the families of the accused and the victim were seemingly aware that the parties were in a relationship. (CRIMINAL PETITION NO. 2020/2024)

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