[Child Marriage] Karnataka High Court grants anticipatory bail to couple who got their adult son married to minor girl

The Karnataka High Court recently granted anticipatory bail to a couple who were booked for marrying their adult son to a minor girl [Gangulappa Narasappa & Anr. v State of Karnataka].Justice HP Sandesh opined that since there were no allegations of having subjected the minor girl to any sexual acts, it was appropriate to grant anticipatory bail to the couple."Having considered the factual aspect of the matter and the peculiar circumstances of the case as the complaint is given by the Head Master and not by parents of the victim girl against these petitioners that they performed the marriage of the minor with their son Since there is no allegations of subjecting the minor girl for sexual act, it is appropriate to exercise powers under Section 438 of CrPC," the order stated..The Court issued the order while hearing the anticipatory bail plea moved by a married couple after a case was registered against them for getting their adult son married to a minor girl of only 11 years. They were booked for charges under Section 376(2)(i)(n) (repeated rape of a woman) of the Indian Penal Code, Sections 5(L) (repeated penetrative sexual assault on minor), 5(m) (penetrative sexual assault of child below 12 years), 6 (aggravated sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and Sections 9 and 10 of the Prohibition of Child Marriage Act.The adult son and the minor girl's parents were also arrayed as accused in the crime that was registered on the basis on a complaint filed by the Head Master of the school the minor girl attended. .Advocate Chethan AC, appearing for the petitioners, pointed out that the minor girl's parents hadn't filed any complaint. He submitted that the only offence invoked against the petitioners were under the Prohibition of Child Marriage Act which are not punishable with death or life imprisonment. Further, he contended that the statement given by the minor girl categorically stated that her adult husband had not committed any sexual act and therefore, the petitioners are entitled to get granted bail. .Government Pleader Rashmi Jadhav, appearing for the prosecution, vehemently opposed the plea. .The Court opined that since the minor girl clearly said that there was no sexual act, only Section 10 (performing, conducting, abetting child marriage) of the Prohibition of Child Marriage Act will be invoked against the petitioners. Therefore, it ordered that the petitioners be released on bail in the event of their arrest on furnishing of personal bonds of ₹2 lakh each with sureties of the same amount. .[Read Order]