Karnataka High Court grants bail to 75-year-old booked for sexual harassment of daughter-in-law

The Karnataka High Court recently granted bail to a 75-year-old man accused of repeatedly sexually assaulting his daughter-in-law after noting that she did not have any objection to his release on bail.

The order passed on May 14 by Justice MGS Kamal, recorded that the daughter-in-law said that the dispute is being amicably settled between the parties.

"Though allegations are made in the complaint against accused No.1- petitioner herein of harassment, respondent No.2-defacto complainant (daughter-in-law)... submits that matter is being settled amicably and that she has no objection for grant of bail in favour of the accused No.1-petitioner herein," noted the Court.

The accused had approached the High Court seeking bail in connection with a case registered by the East Women Police Station in Bengaluru.

The case involved allegations of repeated sexual assault, harassment and mental cruelty against the daughter-in-law within the matrimonial household. The first information report (FIR) invoked several provisions of the Bharatiya Nyaya Sanhita (BNS), including Sections 64(2)(f) and 64(2)(m) (aggravated sexual assault), 75 and 76 (cruelty and assault), 85 (causing harm), 115(2) (voluntarily causing hurt), and 352(2) (assault or criminal force).

Opposing the plea for bail, the State argued that the allegations were serious in nature and involved sexual violence, contending that such offences should weigh against granting bail.

On the other hand, the accused claimed that he had been falsely implicated amid disputes between his daughter-in-law and her husband (accused man's son). He further contended that the allegations lacked specific details such as date, time or evidence.

The Court took note of the fact that the accused had been in custody for nearly eight months and was a senior citizen. Additionally, the daughter-in-law personally appeared before the Court and, through counsel, indicated that she did not oppose the grant of bail.

After considering these factors, the Court held,

"Considering the above facts and circumstances of the case, this Court deems it appropriate to grant bail as sought for."

Allowing the petition, the Court directed that the accused be released on bail subject to conditions, including furnishing a personal bond of ₹1 lakh with two sureties, appearing regularly before the trial court, and refraining from threatening or influencing prosecution witnesses.

Advocate Syed Naseeruddin appeared for the accused (petitioner).

Advocates Sunil S Rao and Kishor Kumar RS appeared for the daughter-in-law.

Advocate Channappa Erapa appeared for the State.

[Read Order]