Karnataka HC Grants Bail To Maternal Uncle Accused Of Sexually Assaulting 17-Year-Old Niece, Citing Their Marriage And Her No-Objection Affidavit

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Shirahatti Police Station Crime No. 184/2026.

The case concerned allegations that he, the victim’s maternal uncle, had sexual relations with her when she was 17 years and five months old, causing her to become pregnant; she later delivered a child.

The petitioner was charged under Section 9 of the Prohibition of Child Marriage Act, 2006, Section 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

After his arrest and remand to judicial custody, the Additional District and Sessions Judge, Gadag, rejected his bail application on 27 August 2026.

The victim appeared before the High Court and filed an affidavit stating that she had no objection to his release.

The petition was considered under Section 483 of the BNSS, 2023, identified in the petition as corresponding to Section 439 of the Code of Criminal Procedure, which empowers the High Court to grant regular bail.

The alleged offences were under Section 9 of the Prohibition of Child Marriage Act, 2006, Section 64(2)(m) of the BNS, 2023, and Sections 4 and 6 of the POCSO Act, 2012.

The Court applied its discretion to grant bail, considering the circumstances before it, including the petitioner’s lack of criminal antecedents and the victim’s no-objection affidavit; it cited no precedent.

The Court noted the allegations of sexual assault, pregnancy, and the subsequent birth of a child, but also observed that the petitioner and victim had been in a relationship and that the victim had filed an affidavit supporting his release.

It further considered that the petitioner had no criminal antecedents and concluded that the allegations in the charge sheet remained to be proved at trial.

On those circumstances, it found the petitioner entitled to bail, subject to conditions.

The Court did not separately analyse the statutory elements of the charged offences.

Conditions included not threatening or tampering with prosecution witnesses, cooperating with the investigating officer, not committing similar offences, and reporting to the police every fortnight for six months or until the final report is filed, whichever occurs earlier.

The Court stated that breach of the conditions could lead the prosecution to seek cancellation of bail and that its observations were confined to the bail petition.