Karnataka High Court Grants Bail To POCSO Accused Noting Minor Was Of Age To Understand Consequences Of Her Consensual Acts

Granting bail to a man accused of raping a minor girl, the Karnataka High Court observed that the 15-year-old survivor had a love affair with the accused and she is of an age where she could understand the consequences of her actions. The court was hearing the man's bail plea booked under BNS Sections 137(2)(kidnapping), 75(sexual harassment), 96(procuration of child), 126(2)(wrongful restraint), 351(2) (criminal intimidation) and 64(rape) and Section 6(aggravated penetrative sexual assault) POCSO Act.Justice Shivashankar Amrannavar in his order observed that the girl was 15-years-old as per her school records. The court noted that the girl in her statement before the Investigating Officer had stated that "she was in love affair with the petitioner and on coming to know the same the family members of the victim girl have scolded her and she intimated the same to the petitioner". At that time, the court noted, the petitioner told her that he will marry her. It said:"On 18.12.2024, he took her on bike and roamed with her till evening and took her to a room in a hotel and had sexual intercourse against her will. The victim girl has been examined by the doctor and at the time of examination the victim girl has stated before the doctor that she had affair with the petitioner. They were chatting on phone and on 18.12.2024 he took her to Sumukh Residency, Belur from 08.00 p.m. to 07.00 a.m. and both had consensual sex there. Considering the above aspects, it is clear that the victim is having love affair with the petitioner. The victim girl is of the age of understanding the consequences of her acts".The court observed that the petitioner is not required for further custodial interrogation as chargesheet had been filed. Noting that he had no criminal antecedents and the fact that he was in judicial custody the court granted the petitioner bail on him furnishing a personal bond for Rs.1,00,000 with one surety subject to certain conditions. The petitioner's counsel contended that the petitioner and the minor girl were having a love affair and and the girl had also stated this in her statement before the IO and the doctor at the time of her examination. It was argued that she was 15 years old as on the date of alleged offence and she is of the age of understanding the consequences of her acts. The State argued that the girl in her statement before the Investigating Officer has stated that the petitioner had forcible sexual intercourse in a room in a lodge. It was argued that the materials in the charge sheet shows a prima-facie case against the petitioner for the offences alleged against him. The plea was allowed. Case title: DEVARAJU @ VINITH DEVENDRA @ DEVU v/s STATE OF KARNATAKA & Anr. CRIMINAL PETITION No. 12427 OF 2025Click Here To Read/Download OrderCitation:2026 LiveLaw (Kar) 86

Karnataka High Court Grants Bail To POCSO Accused Noting Minor Was Of Age To Understand Consequences Of Her Consensual Acts

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