Regular bail warranted where the victim testified and her statement alleged no POCSO offence.

In brief

The question

Whether the petitioner should be granted regular bail under Section 483 BNSS while facing trial for the alleged offences.

The court held

The Court allowed the petition and directed the petitioner’s release on bail in Spl.C. (POCSO) No. 77/2026, subject to conditions: execution of a personal bond of Rs. 1,00,000 with two sureties for the like sum; regular attendance at trial unless exempted; no threatening or tampering with prosecution witnesses; no involvement in similar offences; and no leaving the trial court’s jurisdiction without permission until disposal of the case.

01Facts

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from Crime No. 18/2026 of Hosadurga Police Station.

pp. 2–3

The FIR was registered after the father reported that his 17-year-and-7-month-old daughter was missing.

pp. 2–5

The petitioner and the girl were later traced together; the petitioner was arrested on 11 February 2026.

pp. 2–5

The charge sheet alleged offences under Sections 137(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006.

pp. 2–5

The trial court rejected the petitioner’s bail application.

pp. 2–5

In her statement recorded under Section 183 BNSS, the girl said that she and the petitioner had been in a relationship, had married in a temple, and had travelled to Bengaluru; she made no allegation attracting the POCSO offences.

pp. 2–5

By the time of this petition, she had been examined as PW1.

pp. 2–5

The petitioner had no criminal antecedents and had been in custody for more than six months.

pp. 2–5

02Issues

i.Whether the petitioner should be granted regular bail under Section 483 BNSS while facing trial for the alleged offences.

pp. 2–3, 5

ii.Whether the circumstances cited—including the victim’s statement and examination as PW1, the petitioner’s custody, and the absence of criminal antecedents—supported release on bail.

p. 5

03Law Applied

The petition was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the High Court with power to grant bail.

pp. 2–3, 6

The charged offences included Sections 137(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 9 of the Prohibition of Child Marriage Act, 2006.

pp. 2–3, 6

The order identifies no precedent or separate test for bail; it assesses the circumstances of the case in deciding whether to grant regular bail.

Provisions in the judgment · 8 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 439

Bharatiya Nyaya Sanhita, 2023 Section 64 Section 137

Protection of Children from Sexual Offences Act, 2012 Section 4 Section 6

Prohibition of Child Marriage Act, 2006 Section 9

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483 Section 183

04Reasoning

The Court considered that the victim’s recorded statement described a relationship and their subsequent marriage and travel, but contained no allegation attracting the POCSO offences.

p. 5

Because the victim had also been examined as PW1, the Court found no apparent risk of the petitioner tampering with this material witness.

p. 5

It further took into account that the petitioner had no criminal antecedents and had spent more than six months in custody.

p. 5

On those circumstances, the Court concluded that the application for regular bail should be allowed.

p. 5