The Karnataka High Court has granted bail to a man facing allegations under the Protection of Children from Sexual Offences Act, 2012 (POCSO), the SC/ST (Prevention of Atrocities) Act and several other laws, finding merit in the appellant's submission that, as a customer of the brothel, he could not have known the victim's actual age and caste.
Justice S. Rachaiah passed the order on August 10, 2026, allowing Criminal Appeal No. 756 of 2026 and directing the appellant to be released on bail subject to conditions.
Background
The case relates to a complaint registered at Birur Police Station in Chikkamagaluru district. According to the prosecution case recorded in the judgment, the victim was staying with family members after discontinuing her studies.
On December 20, 2025, she was asked to accompany her father to Mangaluru along with another person for a few days. She stayed at the house of accused No.1. The judgment records that on December 24, she was allegedly asked to engage in sexual activities with men coming to the house. When she refused, her father allegedly asked her to cooperate.
The prosecution alleged that she subsequently underwent sexual activities with several persons at the house until December 26.After returning to Birur, the victim narrated the incident to her aunt and uncle. They took her to the police station, where a complaint was lodged.
The appellant was facing allegations under various provisions of the Bharatiya Nyaya Sanhita, POCSO Act, Immoral Traffic (Prevention) Act, Juvenile Justice Act and SC/ST (Prevention of Atrocities) Act. He approached the High Court challenging the order dated March 25, 2026, passed by the Additional District and Sessions Judge, FTSC-I, Chikkamagaluru.
The appellant's counsel submitted that he was a customer of the brothel and claimed that he was unaware of the victim's actual age and that she belonged to a Scheduled Caste. He sought bail on appropriate conditions and assured the Court that he would comply with them.
The State opposed the appeal. The High Court Government Pleader submitted that the victim had suffered serious mental trauma and alleged that she had been subjected to sexual activity with multiple men while she was below 18 years of age. The State also argued that the appellant was aware that the victim was a minor and belonged to a Scheduled Caste.
After hearing both sides and perusing the averments in the chargesheet, Justice Rachaiah noted that the appellant was described in the chargesheet as one of the customers of the brothel allegedly being run by accused No.1.
The Court specifically considered the appellant's submission regarding his knowledge of the victim's age and caste.
"The appellant being a customer of the brothel cannot be possible to know the actual age and caste of the victim."
The Court consequently found the appellant's submission justified on this aspect and held that it was appropriate to grant him the relief sought.
The High Court allowed the criminal appeal and ordered the appellant to be enlarged on bail.
He was directed to execute a personal bond of ₹1 lakh along with one surety for the same amount to the satisfaction of the trial court. The Court further directed him not to commit any similar offence until disposal of the case, to appear before the trial court on every hearing date and not to threaten prosecution witnesses.
The Court also clarified that if any of the bail conditions were violated, the prosecution would be at liberty to take appropriate steps for cancellation of bail.
Case Title: xxxx v. State of Karnataka & Anr.
Case Number: Criminal Appeal No. 756 of 2026
Judge: Justice S. Rachaiah
