Karnataka High Court has granted bail to a man accused of abducting and raping a minor girl. After the evidences and statements put on record, the court has come to the conclusion that the matter seems very likely to be that of consensual sex between the victim and the accused.
- Jaya (Victim: Name Changed) is seventeen and a half years old and studies at the Trinity college in the second year
- On April 24, 2018, Jaya’s mother called her husband at 11:30am while he was at work and informed him that their daughter had left home
- The couple searched for Jaya in her college and elsewhere, but when she was nowhere to be found, they lodged a complaint with police against unknown person under Section 363 IPC
- The girl returned with her parents to the police station on January 17, 2019 and gave her statement
- According to Jaya, she was acquainted with one Vijay Reddy (Accused: Name Changed) who was a film director and had promised to give her a chance to act
- Reddy had asked Jaya to wear a gold chain in the audition
- Later, the girl informed her parents that she had lost the chain
- However, on pressurising her, Jaya revealed Vijay was not returning her gold chain and asked her to bring more jewellery, else face blackmail
- When Reddy allegedly started forcing her to hand over more cash and ornaments, Jaya collected the same and left the home, while her mum was in the bathroom
- Later, Jaya met Reddy’s accomplice who took her to the accused, where she handed over the cash and other jewellery to him
- It was then alleged that Vijay and Jaya travelled on a VRL bus to Bengaluru and stayed there for eight days and subsequently also went to a Mysore lodge for two days
- Post this incident, Jaya returned home
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Defence From The Accused
- According to the counsel of the accused, father of the complainant had stated Jaya returned home only in January 2019, whereas in reality the girl had reached her house on May 5, 2018 itself
- The girl admitted that she was forced to give this statement to police under Section 164 Cr.P.C
- The counsel also said that the victim and accused were in a relationship and the case was filed against Reddy, because Jaya’s parents opposed their marriage
- When the girl recorded her statement, she confirmed how she was in touch with her mother while being with Reddy, and her mother too exactly knew about her daughter’s conduct and movements all along
- While official complaint of Jaya’s return date was mentioned as January 17, 2019, the statement from police record stated December 12, 2018
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Observations of the High Court
The accused has placed on record evidence that shows victim was in love with him. Though the victim was a minor, she was 17 ½ years of age and the physical relationship that evolved between the two was consensual.
The parents of the girl were questioned by the police where they said they had not pressurised the girl. However, the victim has confirmed in her statement that she was been forced by her parents to place these details on record.
This makes out a case for anticipatory bail for the accused. Conditions for the bail as below:
- Petitioner shall execute a personal bond of Rs 1,00,000
- Shall be present on all dates
- Shall be available at all times as and when required by the police
- Shall not entice the victim or prosecution witnesses directly or indirectly
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