The Karnataka High Court granted bail to Sunil Kumar, accused of caste-based insults after refusing marriage. Despite a special court's earlier rejection, Justice Amarannavar ruled custodial trial unnecessary, citing a consensual relationship, with strict conditions imposed on Kumar to prevent witness intimidation.
In a recent order, the Karnataka High Court granted bail to Sunil Kumar, a 28-year-old man from Bengaluru accused of cancelling a marriage promise due to caste issues and using caste-based insults. This ruling came after Kumar, a resident of Rajarajeshwari Nagar, challenged a decision by a special court that had previously denied him bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The case, reviewed by Justice Sivashankar Amarannavar, stemmed from allegations made by Kumar's neighbour, a 26-year-old woman, who claimed he initially promised to marry her, leading to a consensual relationship. However, when she approached him on May 21, 2024, insisting on marriage, he allegedly insulted her based on her caste and threatened her. Following this incident, the woman filed a complaint at the Rajarajeshwari Nagar police station.
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The complaint, lodged on March 30, 2024, detailed the alleged caste-based abuse and threats, leading to an FIR under Section 376 of the Indian Penal Code (IPC) for rape and Section 506 along with Section 3(2)(5-A) of the SC/ST Atrocities Act. Following the FIR, Kumar was arrested and remanded in judicial custody. However, a special court in Bengaluru, established specifically for SC/ST atrocity cases, denied his bail request on September 2, 2024, prompting Kumar to appeal to the High Court.
In its assessment, the High Court examined the charge sheet and reviewed the case details. According to the court, there was evidence of a consensual relationship between the two parties. The court also noted the time delay between the alleged incident on March 5 and the complaint filed weeks later. Justice Amarannavar ruled that a custodial trial was not required, given that both the petitioner and the victim are adults and the relationship was initially consensual.
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The court, however, imposed several conditions on Kumar’s bail. He must post a personal bond of Rs 1 lakh and refrain from intimidating or influencing the complainant and any witnesses. Additionally, he is mandated to attend all hearings of the subordinate court without fail, with strict instructions to respect the legal process.
This case highlights ongoing challenges within India’s social framework. Caste issues continue to intersect with personal relationships, frequently leading to legal battles and allegations.