Karnataka HC Grants Bail in POCSO Case Citing Victim’s Maturity

The Karnataka High Court has granted regular bail to a 28-year-old man facing charges under the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS), 2023. In a ruling delivered by Justice S. Vishwajith Shetty, the court emphasized the consensual nature of the relationship and identified that the 17-year-old complainant possessed sufficient "worldly knowledge" regarding the consequences of her actions.

Case Background: An Elopement and Subsequent Charges The petitioner, Sri Manjunatha, was arrested on May 19, 2025, following a complaint filed by the mother of a 17-year-old girl. According to the FIR, the teenager had left home for college on April 28, 2025, and failed to return. Investigations revealed that the duo had traveled to a temple, entered into marriage, and subsequently stayed together in a rented residence in Vijayapura.

The state charged the petitioner with multiple offences, including sections 137(2), 64(2)(m), 127(2), and 127(3) of the BNS, 2023, along with sections 4 and 6 of the POCSO Act and section 9 of the Prohibition of Child Marriage Act, 2006. After the trial court denied his bail application in October 2025, the petitioner approached the High Court.

Arguments and Judicial Scrutiny During the hearing, the petitioner sought relief through Section 483 of the BNSS, 2023. The defense highlighted that the duo had been in a loving, consensual relationship and that the petitioner lacked prior criminal antecedents.

The court took note of the statement recorded from the victim under Section 183 of the BNSS, in which she candidly narrated the events: how they met, their intent to marry, and their decision to live as husband and wife. Crucially, the court analyzed the testimony of the landlord where the couple had resided. His testimony failed to corroborate any allegations of ill-treatment against the petitioner, undermining the prosecution's narrative of coercion or abuse.

Key Observations Justice Shetty’s order focused heavily on the maturity of the victim. Highlighting the circumstances, the court noted:

"It appears that the victim and the petitioner who were in love got married in a temple and lived together for a considerable period of time in a rented house and had consensual sex."

The Bench further reasoned:

"The victim girl was aged about 17 years as on the said date and therefore she had the worldly knowledge about the consequences of her act."

Commenting on the procedural status, the court remarked:

"Trial in the case is yet to commence. Allegation found in the charge sheet against the petitioner is required to be proved in a full-fledged trial."

The Verdict: Paths to Reform The High Court granted the petitioner bail, subject to stringent conditions, including a personal bond of ₹1,00,000 and the requirement to provide two sureties. The petitioner is also barred from tampering with witnesses or engaging in similar future offenses.

This ruling highlights a nuanced judicial approach to cases involving adolescent relationships under the POCSO Act, distinguishing between predatory behavior and consensual elopements when evaluating bail. While the trial in the Kolar POCSO court is pending, this decision underscores the court's willingness to grant liberty when the evidence suggests a lack of criminal intent, even within the strict regulatory framework of child protection laws.