The Karnataka High Court recently granted bail to a man accused of penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act after the victim's family agreed to their possible marriage.

Justice Venkatesh Naik T noted that the accused and the victim's family had reached an understanding that the possibility of marriage would be considered once the victim attains the legally prescribed age.

The Court also recorded that police had completed investigation in the case and filed a chargesheet against the accused.

"Having regard to the completion of the investigation, the affidavits filed by the parties, the no-objection expressed by the victim’s mother and the understanding arrived at between the families, I am of the opinion that the continued detention of the petitioner may not be necessary, provided adequate conditions are imposed to safeguard the interests of the victim and ensure the petitioner’s presence during trial," the Court said.

The accused was booked in the case alleging offences of penetrative sexual assault, aggravated penetrative sexual assault, rape, causing hurt, and criminal intimidation on the basis of a complaint filed on May 22. He was arrested a day later and remained in judicial custody since then.

After a trial court rejected his bail on September 26, the accused approached the High Court.

Taking into account the complainant's no objection to the bail and the completion of the investigation, the Court on November 5 ordered the release of the accused. With regard to the settlement arrived at between the families, the Court said,

"Though the said understanding cannot, by itself, determine the merits of the prosecution or nullify the statutory provisions, the same can be taken into consideration as one of the relevant circumstances while considering the prayer for bail."

Advocate Sadik Kanvi appeared for the accused.

High Court Government Pleader Dayanand Sangreshi appeared for the State.

Advocate Ameena HS represented the complainant.