After 16 Months In Custody, Karnataka HC Grants Bail To 21-Year-Old Accused In POCSO Pregnancy Case, With Victim And Family Examined

The petitioner was charged in connection with Crime No. 300/2025 for offences under Sections 87, 64(2)(m) and 65(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Sections 4(2) and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The case arose from the victim’s pregnancy and her allegation that the petitioner was responsible; in her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), she said they had been in a relationship and that he had sexual intercourse with her on a promise of marriage

The petitioner was arrested on 22 June 2025, the charge sheet was filed, and the trial court rejected his bail application on 9 February 2026

By the time of the High Court’s decision, the victim, her parents and her brother had been examined at trial; the petitioner had spent more than 16 months in custody and had no other criminal antecedents

The Court considered its power to grant regular bail under Section 483 of the BNSS, 2023, in a prosecution for offences under Sections 87, 64(2)(m) and 65(1) of the BNS and Sections 4(2) and 6 of the POCSO Act

It applied no cited precedent or separately stated doctrinal test; its decision turned on the circumstances of the case, including the examination of material prosecution witnesses, the petitioner’s period in custody and his lack of criminal antecedents

The Court noted that the victim’s statement described a relationship with the petitioner and repeated sexual intercourse, allegedly on a promise of marriage, resulting in pregnancy

It gave weight to the fact that the victim, her parents and her brother had already been examined, concluding that there was no remaining apprehension that the petitioner would tamper with those witnesses

Considering also the petitioner’s age, lack of other criminal antecedents and more than 16 months in custody, and the stage of the case, the Court found that regular bail was warranted, subject to conditions

The conditions also required him to attend trial unless exempted, refrain from threatening or tampering with prosecution witnesses, avoid similar offences and not leave the trial court’s jurisdiction without permission