Bail granted in POCSO case considering the parties’ relationship, ages, and absence of criminal antecedents.

The petitioner, aged 23, was arrested after police traced him with a 17-year-old girl at his residence in Kumta.

The girl’s mother had reported her missing; the case was transferred to Rajajinagar Police Station, Bengaluru, and registered as Crime No. 60 of 2026.

The girl stated during medical examination and in statements recorded under Sections 180 and 183 of the BNSS that she and the petitioner were in love, and that she had gone with him voluntarily and had sexual intercourse with him.

Following investigation, a charge sheet was filed for offences under Sections 137(2) and 64 of the BNS, 2023, and Sections 5(L), 4 and 6 of the POCSO Act, 2012.

The Trial Court rejected the petitioner’s bail application on 3 August 2026, prompting this petition under Section 483 of the BNSS.

Whether the petitioner should be granted regular bail in the pending case, having regard to the circumstances on record, including the ages of the petitioner and the girl, their relationship, and the petitioner’s lack of criminal antecedents.

The petition was considered under Section 483 of the BNSS, which provides the High Court’s jurisdiction to grant bail.

The alleged offences were under Sections 137(2) and 64 of the BNS, 2023, and Sections 5(L), 4 and 6 of the POCSO Act, 2012.

In deciding the application, the Court treated the parties’ ages and relationship, the girl’s recorded statements, and the petitioner’s lack of criminal antecedents as relevant considerations.

The order cites no precedent or elaborated statutory test for bail.

The Court noted that the girl, aged 17, had consistently stated that she and the petitioner were in love and that she had gone with him voluntarily.

It also considered that the petitioner was 23, had no other criminal antecedents, and that the investigation had concluded with a charge sheet filed.

Treating the parties’ ages and relationship as relevant to the bail assessment, the Court concluded that the application should be allowed, subject to conditions.