Back
When Love Meets Law: Karnataka HC Grants Bail in POCSO Case Citing Teen's 'Age of Understanding'
In a nuanced ruling that weighs teenage romance against stringent child protection laws, the has granted regular bail to a man accused of serious sexual offenses against a 15-year-old girl. Justice Shivashankar Amaranannavar, in a single-bench order dated , emphasized the victim's statements indicating a , allowing petitioner Devaraju @ Vinith Devendra @ Devu to walk free on bond pending trial.
From Bike Rides to Lodge Rooms: The Alleged Elopement
The case stems from events on , when the accused, allegedly in a relationship with the minor victim (born , per school records), picked her up on his bike. They roamed until evening before checking into a room at Sumukh Residency lodge in Belur, where sexual intercourse allegedly occurred multiple times until the next morning.
registered Crime No. 311/2024 under BNS Sections 137(2) (kidnapping), 75 (sexual harassment), 96 (procuration of child), 126(2) (wrongful restraint), 351(2) (criminal intimidation), and 64 (rape), alongside for aggravated penetrative sexual assault. The accused has been in judicial custody since . The trial is ongoing as Spl.C.No.69/2025 before the .
Petitioner's Defense: 'It Was Love, She Consented'
The defense, represented by advocates
and
, argued that the duo was in a mutual love affair. Key to their plea: the victim's own statements. Before the investigating officer and doctor, she admitted the relationship, phone chats, and consensual sex at the lodge. At 15, she was
"of the
."
With the
filed, no further
was needed, and the petitioner had no prior criminal record.
Prosecution Pushes Back: 'Force Over Fancy'
Additional Special Public Prosecutor countered with the victim's initial statement alleging forcible intercourse against her will. materials established a under the grave POCSO provisions, underscoring the minor's vulnerability despite any claimed romance. The state urged rejection, prioritizing child protection over consent narratives.
Court's Lens: Consent Claims Tip the Scale
Delving into the and victim statements, Justice Amaranannavar noted inconsistencies but leaned toward the consensual narrative. No precedents were explicitly cited, but the court applied standard bail principles under (equivalent to ): custody duration, investigation stage, and antecedents. Reports from outlets like LiveLaw highlighted the ruling's focus on the victim's maturity, integrating her doctor statement where she affirmed the affair and consent.
The judge clarified that while offenses are serious, the materials showed a love affair, not outright abduction or force, rendering prolonged custody unnecessary.
Key Observations
"The victim girl is aged 15 years as on the date of alleged offence and she is of the ."
"Considering the above aspects, it is clear that the victim is having love affair with the petitioner... both had consensual sex there."
"As the is filed, the petitioner is not required for further ... There are no of the petitioner."
Freedom on Conditions: Bail with Safeguards
The petition succeeded. Bail was granted upon a Rs.1,00,000 with one surety, barring witness tampering, mandating court attendance, and ensuring trial cooperation.
This decision signals caution in POCSO bail pleas involving adolescent relationships, potentially influencing how courts assess 'consent' by minors above a certain age threshold. It underscores that while POCSO remains uncompromising, evidentiary nuances like victim statements can sway pre-trial liberty, paving the way for faster trials without undue incarceration.
