Prajwal. K. J. Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Prajwal. K. J. Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Bail granted to the petitioner in Spl.C.No.174/2025 (Crime No.18/2025 of Hassan Women Police Station) pending before Additional District and Sessions Judge, FTSC-I, Hassan, subject to conditions: (i) personal bond of Rs.1,00,000/- with one surety for the like sum; (ii) no tampering with prosecution witnesses directly or indirectly; (iii) appearance before the trial Court on all dates of hearing unless exempted; (iv) petitioner and his father to file affidavit before the trial Court that marriage with the victim girl will be performed within one month from 06.08.2026; (v) if the marriage is not performed within one month from 06.08.2026, bail stands cancelled and the petitioner has to surrender before the trial Court on 07.09.2026.

Issue for consideration

Whether the petitioner, sole accused in Spl.C.No.174/2025 (Crime No.18/2025, Hassan Women Police Station) facing charges under Section 64 of BNS and Sections 4, 5(j) and 5(n) of the POCSO Act for sexual contact with a 16-year-old victim who became pregnant and delivered a male child, is entitled to be released on bail under Section 483 BNSS notwithstanding the charge-sheet material showing a prima-facie case. +1 more

Court's answer

Considering the consent of the victim's mother and of the victim herself, the petitioner's readiness to marry the victim, and the sworn affidavit/undertaking of the petitioner's father dated 27.11.2025, the petitioner has made out a case for grant of bail with conditions (conclusion sentence runs over from para 10 beginning at input para 62).

Ratio / Principle

Bail is conditioned on the petitioner marrying the victim girl on or prior to 06.09.2026 (within one month of her attaining 18 years on 06.08.2026); if the marriage is not performed within that time, the bail stands cancelled and the petitioner has to surrender before the trial Court (on 07.09.2026 per Order condition (v)).

Key takeaways

The Criminal Petition is allowed and the petitioner is granted bail in Spl.C.No.174/2025 (Crime No.18/2025) pending before the Additional District and Sessions Judge, FTSC-I, Hassan, subject to the stated conditions including a personal bond of Rs.1,00,000/- with one surety.ratio¶65

Detailed headnote1 paragraphs

High Court of Karnataka (Justice Shivashankar Amarannavar), 04.12.2025 — CRL.P No. 11280 of 2025 (NC: 2025:KHC:50814): Regular bail granted under Section 483 BNSS to the 23-year-old sole accused held in Spl.C.No.174/2025 (Crime No.18/2025, Hassan Women Police) for offences under Section 64 BNS and Sections 4, 5(j) and 5(n) POCSO Act. The victim, whose school-record date of birth is 06.08.2008 (aged 16 at the September 2024 incident), conceived after intercourse and delivered a male child on 29.06.2025; investigation was complete and the charge-sheet filed. Although the Additional State Public Prosecutor urged dismissal on the ground of a prima-facie case in the charge-sheet materials, the Court allowed bail weighing the presence and consent of the victim's mother, the victim's own statement (recorded u/s 183 BNSS) that she would marry the petitioner on attaining 18 years, and the affidavit dated 27.11.2025 of the petitioner's father solemnly undertaking the marriage. Release is expressly conditional: the petitioner and his father must file affidavits before the trial Court that marriage will be performed within one month of the victim attaining majority on 06.08.2026 (i.e., on or before 06.09.2026), failing which the bail stands cancelled and the accused must surrender before the trial Court on 07.09.2026. Conditions also include a personal bond of Rs.1,00,000/- with one surety, no tampering with prosecution witnesses, and appearance on all hearing dates.