Court considers absence of criminal antecedents, judicial custody duration, and victim's understanding in bail decision
In a significant judgment, the Karnataka High Court has granted bail to Devaraju, also known as Vinith Devendra or Devu, who was accused of offences under the Bharatiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. The decision was made by Justice Shivashankar Amarannavar, presiding over Criminal Petition No. 12427 of 2025, on February 21, 2026.
The petitioner, Devaraju, was in judicial custody since December 21, 2024, after being charged with offences under Sections 137(2), 75, 96, 126(2), 351(2), and 64 of the Bharatiya Nyaya Sanhita and Section 6 of the POCSO Act. The charges stemmed from an alleged incident where the victim, a 15-year-old girl, claimed to have been in a consensual relationship with the accused, which later involved sexual intercourse.
During the hearing, the petitioner's counsel contended that the victim was in a love affair with Devaraju, as recorded in her statement to the investigating officer and during her medical examination. The counsel further argued that Devaraju had no prior criminal record and was not needed for further custodial interrogation as the charge sheet had been filed.
Conversely, the Additional State Public Prosecutor argued that the victim's statement to the Investigating Officer indicated forcible sexual intercourse, and the charge sheet materials established a prima-facie case against Devaraju.
Upon reviewing the materials on record, the court acknowledged the victim's age and her understanding of the situation, noting her statement about the consensual nature of the relationship with the accused. The court also took into account the absence of criminal antecedents and the period of judicial custody of the petitioner.
Ultimately, the court decided to grant bail, subject to specific conditions. Devaraju is required to execute a personal bond of Rs. 1,00,000 with one surety. He is also prohibited from tampering with prosecution witnesses and must attend all trial court hearings unless exempted, ensuring his cooperation for the speedy disposal of the case.
This judgment highlights the court's careful consideration of the nuances involved in cases under the Bharatiya Nyaya Sanhita and POCSO Act, balancing the interests of justice with the rights of the accused.
Bottom Line:
Bail granted to accused in a case involving offences under Bharatiya Nyaya Sanhita and POCSO Act, considering factors such as absence of criminal antecedents, judicial custody period, and victim's age and understanding of consequences.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 137(2), 75, 96, 126(2), 351(2), 64, POCSO Act, 2012 Section 6
Devaraju @ Vinith Devendra @ Devu v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2859694
