Introduction:

In the case of ABC and State of Karnataka & ANR, the Karnataka High Court adjudicates on an application for anticipatory bail filed by a national-level hockey player accused of offences under the Protection of Children from Sexual Offences Act (POCSO). The court delves into the nuances of the case, considering the allegations of rape on the false pretext of marriage and the petitioner’s contention of a consensual relationship.

Arguments:

The victim alleges repeated rape under the promise of marriage and threats based on intimate photographs, while the petitioner asserts that the relationship was consensual and highlights the delay in filing the FIR. Both sides present their arguments, emphasizing different aspects of the case, including the victim’s age at the time of the incidents and the nature of the relationship.

Court’s Judgment:

After careful examination of the records and arguments presented, the Karnataka High Court grants anticipatory bail to the petitioner. The court emphasizes the fundamental right to freedom and the need for a detailed trial to ascertain guilt. It notes the consensual nature of the relationship and the lack of evidence to support the allegations of rape and threats. Consequently, the court finds pre-trial detention unwarranted and grants anticipatory bail to the petitioner.