Manjunath Vs State by Sidlaghatta Rural… — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Manjunath Vs State by Sidlaghatta Rural… — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in Crime No.14/2025 of Sidlaghatta Rural Police Station (offences under Sections 137(2), 96 of BNS 2023, Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 8 and 12 of POCSO Act, 2012) subject to conditions: (a) execution of personal bond of Rs.1,00,000/- with two sureties for the likesum; (b) regular appearance before the Trial Court unless exempted for valid reasons; (c) no direct or indirect threatening or tampering with prosecution witnesses; (d) no involvement in similar offences in future; (e) not to leave the jurisdiction of the Trial Court without its permission until the case is disposed of.

Issue for consideration

Whether the petitioner, accused in Crime No.14/2025 registered by Sidlaghatta Rural Police Station, Chikkaballapur for offences under Sections 137(2) and 96 of BNS 2023, Section 9 of the Prohibition of Child Marriage Act and Sections 8 and 12 of the POCSO Act, 2012, should be enlarged on regular bail under Section 483 of BNSS 2023.

Court's answer

This Court decided that the petitioner's prayer for grant of regular bail is required to be answered affirmatively, considering that the victim girl's statement recorded on 20.01.2025 contains no allegation of penetrative sexual assault against the petitioner, the maximum punishment for the alleged offences is imprisonment for a period of 10 years, the petitioner is in custody from 19.01.2025, and a major portion of the investigation is already completed.

Ratio / Principle

In her statement recorded by the Police on 20.01.2025, the victim girl made no allegation of penetrative sexual assault against the petitioner; she stated only that the petitioner took her along, married her on 17.01.2025 in a temple, thereafter approached her and tried to sleep with her, that she refused, and that the petitioner thereafter did not commit any act on her.

Detailed headnote1 paragraphs

Criminal Petition No. 1652 of 2025 (under S. 483 BNSS 2023; also noted as filed u/s 439 CrPC): High Court of Karnataka at Bengaluru (S. Vishwajith Shetty J., oral order dated 12.03.2025) ALLOWED the petition and granted regular bail to Manjunath, accused in Crime No.14/2025 of Sidlaghatta Rural Police Station, Chikkaballapur, registered on a first information dated 19.01.2025 lodged by the mother of a minor victim girl (respondent No.2) for offences under Sections 137(2) and 96 of BNS 2023 and Section 9 of the Prohibition of Child Marriage Act, with Sections 8 and 12 of the POCSO Act, 2012 subsequently invoked at the investigating officer's request; the case pends before the Addl. Civil Judge and JMFC Court, Sidlaghatta. The petitioner, arrested on 19.01.2025, had his earlier bail application in Crl.Misc.No.30/2025 rejected by the Sessions Court on 28.01.2025. Granting bail, the Court observed that the victim girl's statement recorded by the Police on 20.01.2025 contained no allegation of penetrative sexual assault — she stated the petitioner took her along and married her on 17.01.2025 in a temple, and after she refused his attempt to sleep with her he committed no act on her — and that the maximum punishment for the alleged offences is 10 years' imprisonment, the petitioner being in custody since 19.01.2025 with the major portion of the investigation completed (his counsel having submitted he has no criminal antecedents). Bail ordered on a personal bond of Rs.1,00,000/- with two sureties for the likesum, conditioned on regular appearance before the Trial Court, no threatening or tampering with prosecution witnesses, abstention from similar offences, and remaining within the Trial Court's jurisdiction until disposal of the case.