The Karnataka HC granted anticipatory bail to a couple booked for marrying their adult son to a minor girl

CASE: Gangulappa Narasappa & Anr. v State of Karnataka

COURT: Justice HP Sandesh, Karnatak High Court (HC)

The Karnataka HC granted anticipatory bail to a couple booked for marrying their adult son to a minor girl. The HC opined that as there were no allegations of sexual acts on the minor girl, it was appropriate to grant anticipatory bail.

The Court was hearing an anticipatory bail plea moved by a couple after a case was registered against them for getting a major adult son married to a minor girl of only 11 years. They were booked for charges of rape under the Indian Penal Code, penetrative sexual assault on a minor of the Protection of Children from Sexual Offences (POCSO) Act and the Prohibition of Child Marriage Act.

The son and the parents of the minor girl were also made a party to the crime and cases were registered against them basis the complaint filed by the Head Master of the school the girl attended.

Counsel appearing for the petitioner argued that the only offence invoked against the couple was under the Prohibition of Child Marriage Act ("The Act") which is not punishable with death or even life imprisonment. Moreover, by the statement given by the minor girl, it is clear that the husband did not commit any sexual act and therefore, the petitioners should be granted bail.

The Court said that since the minor clearly said that there was no sexual act, only Section 10 (performing, conducting, abetting child marriage) of the Act will be invoked against the petitioners. 

The Court ordered that the petitioners be released on bail upon furnishing personal bonds of ₹2 lakh each with sureties.

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