Karnataka HC Grants Bail To 27-Year-Old In POCSO Case, Citing His Marriage To 17-Year-Old Victim

The petitioner, aged 27, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 17 of the POCSO Act, 2012.

The case followed an earlier FIR alleging that the petitioner and another person had taken the victim, then a minor, away.

During that investigation, the petitioner and the victim were found to have married in a temple; the petitioner was arrested and later granted bail in that case.

The present case arose after the victim allegedly met the petitioner near a lake, gave him Rs.9,000, and had sexual intercourse with him.

The victim’s statement under Section 183 BNSS recounted their relationship, marriage, meeting, and sexual intercourse.

The investigation was complete and the charge sheet had been filed; the Trial Court had rejected the petitioner’s bail application.

The Court considered the petitioner’s application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Section 65(1) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 17 of the POCSO Act, 2012.

It applied its discretion to determine whether bail was appropriate in light of the case circumstances, including the parties’ ages, the victim’s statement, and the completion of the investigation.

The order cites no precedent or further legal test.

The Court noted that the petitioner and victim had known each other for several years, had married in a temple, and later met near the lake, where the victim’s statement recorded that they had sexual intercourse.

It also noted that the petitioner was 27 and the victim was 17 years and 3 months old, and that the investigation was complete and the charge sheet filed.

Considering these circumstances, particularly the parties’ ages and relationship, the Court concluded that the petitioner’s request for regular bail should be granted subject to conditions.

The Court allowed the petition and ordered the petitioner’s release on bail in Special SC No. 113/2026, subject to execution of a personal bond of Rs.1,00,000 with two sureties and conditions requiring regular court attendance, prohibiting threats or interference with prosecution witnesses and similar offences, and restricting travel outside the Trial Court’s jurisdiction without permission.