Marriage Was Fixed With Good Intent: Bombay HC Grants Bail To Man Accused Of Impregnating His Minor Fiancée
The Bombay High Court granted bail to a man accused of impregnating his minor fiancée, stating that the marriage was fixed with "good intent" and was a response to the difficult realities of poverty.
The Court noted that the families had arranged the marriage, and the couple was soon to marry, which influenced the decision to grant bail.
A Bench of Justice SG Mehare said, “The reasons for deciding the marriage appears probable and with a good intent. Even (though) the crime is registered, the applicant is ready to marry the victim after attaining her majority. These compelling circumstances needs to be considered. Hence, the applicant may be released on bail on certain conditions,”
The Court acknowledged the significant societal issues related to early marriages in India while granting bail to the accused man, who has been booked for the offence of rape under the Bharatiya Nyaya Sanhita and provisions of the Protection Of Children from Sexual Offences Act (POCSO Act).
"Poverty is the biggest issue of our country," the Court remarked while noting that the reasons behind the decision to arrange the marriage between the accused and the minor victim appeared both plausible and well-intentioned.
The Court added, “They wanted to protect a daughter from the ill-eyes of the society. In those compelling circumstances, they decided the marriage of the applicant and victim. This may be a genuine ground and touching the societal structure of our country.”
Advocate Wakale Vijay Shivaji appeared for the petitioner and Additional Public Prosecutor AS Shinde appeared for the Respondent.
The prosecution claimed that the accused had engaged in a physical relationship with the girl prior to their marriage, resulting in her pregnancy. Following this, the girl was admitted to Hospital leading to the filing of the rape case due to her minor status.
During the hearing, the girl's father informed the Court that both he and his wife were battling serious health issues—his wife had a heart condition, while he was suffering from a brain disease. Concerned about their potential untimely deaths, they decided to arrange their daughter's marriage at the age of 14 to ensure her future security. Unfortunately, the mother passed away just before the bail hearing.
The Court decided to grant the accused man bail despite the serious nature of the allegations, recognizing the "compelling circumstances" surrounding the case.
The Court set the bail amount at ₹50,000, allowing the accused to be released on the condition that he should not engage in further physical relations with the victim till they are legally married.
Cause Title: Satish Eknath Kakade v. The State of Maharashtra & Anr., [2024:BHC-AUG:26235]
Appearance:
Petitioner: Advocate Wakale Vijay Shivaji
Respondents: Additional Public Prosecutor AS Shinde, NS More