Brothel Customer Can't Be Expected To Know Age & Caste Of Minor: Karnataka High Court Grants Bail In POCSO Case
The Karnataka High Court granted bail to a man booked in a POCSO and SC/ST Act FIR accused of sexually assaulting a minor in a brothel, observing that customer of a brothel cannot possibly know the age or caste of a victim. Justice S Rachaiah allowed the criminal appeal and set aside the order passed by the Additional District and Sessions Judge. “Having heard learned counsel for...
The Karnataka High Court granted bail to a man booked in a POCSO and SC/ST Act FIR accused of sexually assaulting a minor in a brothel, observing that customer of a brothel cannot possibly know the age or caste of a victim.
Justice S Rachaiah allowed the criminal appeal and set aside the order passed by the Additional District and Sessions Judge.
“Having heard learned counsel for the respective parties and also on perusal of the averments of the charge-sheet it makes clear that the appellant is one of the customer of the brothel which was being run by accused No.1. On going through the averments of the said charge-sheet, the submission of the learned counsel for the appellant has to be justified for the reasons that the appellant being a customer of the brothel cannot be possible to know the actual age and caste of the victim. Having considered the said aspect, it is appropriate to grant the relief as prayed for,” the Court said.
While enlarging the appellant on bail upon execution of a personal bond of Rs. 1 Lakh, the Court directed him to not commit any similar offence till disposal of the case, to appear before the Trial Court on all hearing dates and to not threaten the prosecution witnesses.
Background
According to the prosecution, the minor victim was forced into prostitution by her own father and was subjected to sexual assault by multiple men. When the girl informed her relatives, an FIR was filed. Subsequently, a chargesheet was filed against several accused under various sections of the BNS, POCSO Act, Immoral Traffic (Prevention) Act, Juvenile Justice Act, and SC/ST (Prevention of Atrocities) Act.
Appearing for the appellant, the counsel submitted that the appellant was innocent, stating that he was not aware that the victim was a minor girl or that she belonged to Scheduled Caste. The appellant sought bail and assured that he would abide by all the conditions imposed by the Court.
Opposing the plea, the High Court Government Pleader argued that the minor complainant had undergone “serious mental trauma”. The prosecution submitted that the appellant was aware of the girl's age and caste, and had knowingly committed the crime against her.
Case: A vs State of Karnataka, CRIMINAL APPEAL NO. 756 OF 2026 (U/S 14(A) (2))