Isabella Mariam

The High Court of Karnataka Single Bench of Justice Shivashankar Amarannavar granted bail to a man accused of kidnapping and raping a 15-year-old girl, noting that the survivor was in a romantic relationship with the accused and was of sufficient age to understand the consequences of her actions. The court was hearing the accused's bail petition for charges including kidnapping, sexual harassment, wrongful restraint, criminal intimidation, rape, and aggravated penetrative sexual assault under the POCSO Act, and found that since the chargesheet had been filed, continued custodial detention was no longer necessary.

The petitioner, the sole accused in a criminal case registered at Belur Police Station, Hassan District, filed a petition under Section 483 of the BNSS seeking regular bail. The case was registered for offences punishable 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 prosecution's case as per the chargesheet was that the accused came in contact with the victim girl, told her he loved her and promised to marry her, took her on his bike on 18.12.2024, and took her to a room in a lodge where he had sexual intercourse with her several times till 07.00 a.m. on 19.12.2024. The date of birth of the victim girl as per school records is 18.03.2010, making her approximately 15 years of age at the time of the alleged offence.

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The petitioner's counsel contended that the petitioner and the victim were in a love affair, which had been stated by the victim before the Investigating Officer and the doctor. It was further submitted that the petitioner had been in judicial custody since 21.12.2024, that the chargesheet had been filed and he was not required for further custodial interrogation, and that he had no criminal antecedents. The State opposed the petition, contending that the victim had stated before the Investigating Officer that the petitioner had forcible sexual intercourse in a lodge room and that the chargesheet materials disclosed a prima facie case against the petitioner.

On the victim's account before the Investigating Officer, the Court recorded that the victim 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 petitioner told her that he will marry her. 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."

On the victim's statement before the doctor, the Court noted that "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 totality of the material on record, the Court stated that "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. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 21.12.2024. There are no criminal antecedents of the petitioner."

The Court concluded that "considering the above aspects, the petitioner has made out a case for grant of bail with conditions."

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The Court directed: "The petition is allowed. The petitioner is granted bail in Spl.C.No.69/2025 (Crime No.311/2024 of Belur Police Station) on the file of Additional District and Sessions Judge, FTSC-1, Hassan, subject to following conditions: The petitioner shall execute a personal bond for sum of Rs.1,00,000/- with one surety to the satisfaction of the trial Court. The petitioner shall not tamper the prosecution witnesses either directly or indirectly. The petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case."

Advocates Representing the Parties

For the Petitioner: Sri Yashwanth M., Advocate for Sri Girish B. Baladare, Advocate

For the Respondents: Sri Mohd. Ayub Ali, Additional State Public Prosecutor

Case Title: Devaraju @ Vinith Devendra @ Devu Versus State of Karnataka and Another

Neutral Citation: 2026:KHC:10769

Case Number: Criminal Petition No. 12427 of 2025

Bench: Justice Shivashankar Amarannavar