Karnataka HC Grants Bail To Man In POCSO Case, Noting No POCSO-Attracting Allegation; His Parents Get Anticipatory Bail

The petitions arose from Crime No. 191 of 2025 registered by Belur Police following a complaint that the complainant’s 17-year-old daughter had gone missing.

Accused No. 1, Abhilash, was arrested and remanded to custody; his application for regular bail was rejected by the Sessions Court.

His parents, accused Nos. 2 and 3, sought anticipatory bail after their application was rejected by that court.

The victim’s statement before the Magistrate did not allege conduct attracting the charged POCSO offence against accused No. 1 or allegations against accused Nos. 2 and 3.

The investigation was complete and the charge sheet had been filed.

The victim’s mother, appearing as respondent No. 2, stated that she had no objection to the petitions being allowed.

The Court considered the bail and anticipatory-bail powers invoked under Sections 483 and 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, respectively, in relation to charges under Sections 137(2), 45 and 64 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

The order identifies no precedent or more detailed legal test; it treats the completed investigation, the victim’s statement, and the circumstances of the accused as relevant to granting bail subject to conditions.

The Court noted that the victim’s statement did not contain allegations against accused No. 1 attracting the alleged POCSO offence, and did not implicate accused Nos. 2 and 3; it also noted that the investigation was complete and the charge sheet had been filed.

Taking those circumstances into account, together with respondent No. 2’s lack of objection, the Court concluded that both regular and anticipatory bail were warranted, subject to conditions.

It also allowed Crl.P. No. 15852 of 2026 and directed that accused Nos. 2 and 3 be released in the event of arrest, subject to appearing before the Investigating Officer within 15 days, executing bonds of ₹1,00,000 each with two sureties each, cooperating with the investigation, and complying with the other stated conditions.