Kerala High Court: In a bail application filed by three accused persons under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), charged with offences under Section 376 of the Penal Code, 1860 (‘IPC’) and Sections 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’), a Single Judge Bench of Bechu Kurian Thomas, J. granted anticipatory bail to a man accused in a rape and harassment case. The man’s separated wife had accused him of raping her four months before their marriage and subjecting her to torture over the return of some property thereafter. The Court also granted anticipatory bail to the man’s parents, who had been booked based on allegations that they harassed their daughter-in-law after her marriage to their son.
Background
According to the prosecution, the first accused who is her husband had allegedly subjected the complainant to sexual harassment in September 2016 which was four months before their marriage and impregnated her and later transferred 20 cents of property belonging to the mother of the first accused the complainant. After her marriage on 19-01-2017 with the first accused, the accused persons together started harassing her mentally and physically to compel her to transfer the property back and also continued to sexually harass the complainant and seized her gold ornaments and educational certificates. Thereby committed the alleged offences.
Analysis and Decision
The Court noted that a reading of the allegations indicates that the complainant has raised the complaint of rape regarding an incident that allegedly occurred in 2016, just four months prior to her marriage. For the last eight years, the first accused and the complainant had lived together as husband and wife. A divorce petition was filed before the Family Court in May 2025, and the present crime was registered subsequent to the filing of the said divorce petition.
The Court noted that, according to the accused, the reason of the divorce was an illicit relationship the complainant had with a person in Maharashtra. Upon discovering this relationship, the accused approached the Family Court with a divorce petition.
The accused contended that the present allegation of rape, which allegedly occurred prior to their marriage, was a result of marital discord between the parties. They further argued that the husband’s parents had also been implicated in the crime in an attempt to compel them to yield to the complainant’s alleged illegal demands.
The Court stated that the allegations raised against the accused persons are serious in nature. However, prima facie, there appears to be merit in the accused persons’ contention. The alleged offence of rape is said to have occurred four months prior to the marriage, after which the parties married each other in 2017. The circumstances suggest that the attempt may be to convert what was a consensual relationship into a rape allegation. The Court observed that when there are attempts to compel the parties to yield to demands in a matrimonial dispute, resorting to criminal proceedings could undermine the interests of justice, particularly if custodial interrogation is allowed. Therefore, the Court concluded that this is a fit case for granting pre-arrest bail to the accused persons, albeit subject to conditions.
In the instant case, the Court expressed that it was not convinced of the need for custodial interrogation, given the circumstances and the relationship between the parties involved.
[X v. State of Kerala, Bail Appl. No. 7877 of 2025, decided on 26-06-2025]
Advocates who appeared in this case :
For Petitioners: BASIL CHANDY VAVACHAN, GEORGIE SIMON, CHARUTHA BHAIJU, CHANDHANA BHAIJU, BASIL SAJAN, FATHIM NAVAS, KAVYA RANI JAYAPRAKASH, LEKSHMI PRIYA V., MUHAMMED SHUHAIB A.S., BASIL SCARIA
For Respondent: SREEJA V., PUBLIC PROSECUTOR
