The Karnataka High Court recently granted bail in a rape case after observing that the relationship between the accused and the complainant appeared to be consensual prima facie [Manoj Kumar M R v. the State of Karnataka and Ors].
Justice Sreenivas Harish Kumar granted bail to the appellant-accused, who allegedly raped the woman but did not marry her as she belongs to a particular caste, and then tried to strangulate her.
The Court noted that as the woman is 27 years old and it appeared they got their second pregnancy terminated voluntarily, she knew the consequences of having a sexual relationship with the appellant.
"The age of the second respondent is 27 years. She knew the consequences of having intercourse with the appellant.....It is difficult to arrive at a conclusion at this stage that the appellant used to have sexual intercourse with the second respondent forcibly," the Court observed.
The Court in disposing of the petition stated:
" ... it is not difficult to arrive at a conclusion that the appellant has been able to make out a case for grant of bail. The Special Court ought to have considered these aspects of the matter at the time of deciding the application for bail. It appears that very routinely the Court below has come to conclusion for denying the appellant's application for bail."
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