The Karnataka High Court has granted anticipatory bail to a national-level hockey player accused of offences under the Protection of Children From Sexual Offences Act (POCSO), pertaining to an allegation of rape on false pretext of marriage.
Court’s Decision
In a ruling by Justice Rajendra Badamikar, the court emphasized the fundamental right to freedom and cautioned against curtailing it based solely on allegations. Justice Badamikar highlighted the need for a detailed trial to ascertain guilt, stating that pre-trial detention could unfairly stigmatize the accused.
Allegations and Defense
The victim accused the petitioner of repeatedly raping her under the promise of marriage, only to later retract the promise. Additionally, she claimed the petitioner threatened her into physical relations using intimate photographs.
The petitioner, however, argued that the relationship was consensual from 2021 to 2023, and that the victim was of legal age during this period. He also contested the delay in filing the FIR.
Court’s Observations
Upon reviewing the records, the court noted that the victim was above the age of majority for the majority of the relationship. The court questioned the timing of the complaint and the lack of prior allegations during the consensual relationship.
Regarding the threat of blackmail, the court pointed out the influential status of the victim’s family, undermining the credibility of the petitioner’s alleged actions.
Additionally, the court found insufficient evidence to support the claim that the relationship was based on false promises of marriage.
Anticipatory Bail Granted
Based on these considerations, the court granted anticipatory bail to the petitioner upon the execution of a personal bond worth Rs. 2,00,000. The decision underscores the importance of a fair trial and the presumption of innocence until proven guilty.
