The Karnataka High Court has granted bail to a man accused of multiple offences under the Protection of Children from Sexual Offences (POCSO) Act and related provisions, observing that the 15-year-old girl involved was in a romantic relationship with the accused and was capable of understanding the “consequences” of her actions at the time of the conduct. This assessment influenced the court’s decision to release the petitioner on bail.
Case Details
The accused, a 30-year-old man, faced charges including kidnapping, sexual harassment, wrongful restraint and aggravated penetrative sexual assault under POCSO and corresponding sections of the Bharatiya Nyaya Sanhita. The case stemmed from events in late 2024, where the girl went with the accused — who allegedly told her he loved her and promised to marry her — and they remained together overnight, during which alleged consensual intercourse took place. Once the chargesheet was filed, the High Court concluded that custodial interrogation was no longer necessary and that the petitioner had no prior criminal record.
Court’s Reasoning
In granting bail, the court noted:
The material on record, including the victim’s statements, indicated that she and the accused were in a consensual relationship.
The girl’s age and conduct suggested she was old enough to comprehend the consequences of her acts in the context of their relationship.
Since the chargesheet was already filed and the accused had been in custody for some time, continued detention in custody was not required for the investigation.
Bail Conditions
The High Court granted bail subject to conditions typically imposed in such matters — including execution of a personal bond and cooperation with trial proceedings, with directives not to tamper with evidence or influence witnesses.
