The Karnataka High Court has dismissed rape charges against an accused who, while his petition to quash the charges was pending, was granted interim bail to marry the victim. The victim had since reached the age of majority and given birth to a child.

A single judge bench of Justice M. Nagaprasanna has quashed the proceedings against the accused under sections 376(2)(n) and 506 of the IPC, as well as Sections 5(L), 5(J)(II), and 6 of the Protection of Children from Sexual Offences Act, 2012.

It said “This Court has permitted the accused/petitioner to marry the victim on grant of interim bail. After marriage, the petitioner is back to the goal. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of the mother and the child, who will have to face ignominy at the hands of the society.”

According to the complaint filed by the victim's mother, it was alleged that her daughter and the petitioner were in a romantic relationship while studying at Shree Kanteshwara School. The complaint further stated that the petitioner frequently met the daughter, and on February 15, 2023, he arrived at the school on a motorcycle, took her to a secluded location, and sexually assaulted her.

She was then 16 years and 9 months old and the police conducted an investigation and filed a charge sheet against the accused who has been in judicial custody since. The parties were seeking closure of these proceedings on account of the desire of the petitioner to get married to the victim so that the victim and her child are not left in a lurch.

The bench noted that following the order, the petitioner was granted interim bail. The petitioner married the victim on June 21, 2024, with the marriage registered before the Marriage Officer. Subsequently, the petitioner-accused returned to prison.

The court held, “Owing to peculiar facts of the case of the petitioner and the victim getting married and the child born from the alleged act. The newborn would not be aware of the happenings narrated hereinabove. If the issue is not compounded and the petitioner is released, the mother and the child would be left in the lurch and their fate in dire straits.”

Noting that the victim would turn hostile and the conviction of the accused would be bleak, it said, “This Court cannot shut its eyes to ground realities and permit the process in the criminal trial to conclude, as it is the process that generates agony till the end, which will completely mask the happiness of acquittal.”

Appearance: Advocate Rohit S V For Advocate M Sharass Chandra for petitioner.

HCGP Thejesh P for Respondent.