Facts
The petitioner, arrayed as Accused No. 6, sought regular bail in a case arising from Crime No. 47/2026, registered by Ramanagara Women Police Station, for alleged offences under the Immoral Traffic (Prevention) Act, 1956, the Protection of Children from Sexual Offences Act, 2012 (POCSO), the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita, 2023.
Source reference: paras. 1, 3; pp. 2–3The prosecution alleged that the victim, a minor, was introduced to Accused No. 1 by her aunt (Accused No. 2), who later summoned Accused Nos. 3 to 6 to her house, collected money, and permitted them to have sexual intercourse with the victim.
Source reference: paras. 7–8; pp. 4–6The petitioner contended that he was only a customer, that Accused No. 2 had represented the victim as an adult, and that the investigation was complete; the State opposed bail on the ground that the victim was a minor.
Source reference: paras. 4–5; pp. 3–4The petitioner was arrested on 20 July 2026, and his bail application before the Sessions Court was rejected on 20 August 2026.
Source reference: para. 3; p. 3Issues
1. Whether the petitioner should be granted regular bail in light of the allegations involving sexual intercourse with a minor and the materials collected during investigation.
Source reference: paras. 4–9; pp. 3–62. Whether the petitioner’s asserted role as a customer, the alleged suppression of the victim’s age by Accused No. 2, completion of the investigation, and absence of criminal antecedents supported his release on bail.
Source reference: paras. 4, 9; pp. 3, 6Law Applied
The Court considered the petitioner’s application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Source reference: para. 1; p. 2It considered the alleged offences under Section 9 of the Immoral Traffic (Prevention) Act, 1956; Sections 4, 6 and 14 of POCSO; Section 66(E) of the Information Technology Act, 2000; and Sections 65(1), 351(2) and 144(1) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: paras. 1, 6; pp. 2, 4The Court’s stated grounds for deciding bail were the nature of the allegations, the petitioner’s circumstances and role as presented, the completion of the investigation, and the absence of other criminal antecedents.
Source reference: para. 9; p. 6No precedent was cited.
Source reference: no citationReasoning
The Court considered the first information, the charge sheet, Accused No. 2’s statement that she had concealed the victim’s age and facilitated sexual intercourse for money, and the victim’s statement recorded under Section 183 of the BNSS, which the Court found corroborated Accused No. 2’s account.
Source reference: paras. 7–9; pp. 4–6Although the State emphasised the victim’s minority, the Court held that the petitioner’s contention—that he was a customer and that Accused No. 2 had suppressed the victim’s age—could not be brushed aside.
Source reference: paras. 5, 9; pp. 3–6Taking into account that the investigation was complete and the petitioner had no other criminal antecedents, the Court concluded that bail was warranted, subject to conditions.
Source reference: para. 9; p. 6Holding
The Court allowed the petition and directed that the petitioner be released on bail in Spl.C. No. 100/2026.
Bail was subject to a personal bond of ₹1,00,000 with two sureties for the like sum; regular appearance before the Trial Court unless exempted; no threatening or tampering with prosecution witnesses; no involvement in similar offences; and no departure from the Trial Court’s jurisdiction without its permission until disposal of the case.
Source reference: pp. 7–8Acts & Sections Cited
11 provisions across 5 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Bharatiya Nagarik Suraksha Sanhita, 20232
Bharatiya Nyaya Sanhita, 20234
Protection of Children from Sexual Offences Act, 20123
Immoral Traffic (Prevention) Act, 19561
Original Court PDF
DEVARAJU D EvsTHE STATE OF KARNATAKA
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