Bengaluru: The Karnataka High Court has granted bail to a radiologist from KR Pete in Mandya district, who was booked under the Protection of Children from Sexual Offences (Pocso) Act. The case stemmed from an inspection conducted by the Lokayukta at various scanning centres on April 17, 2026.
Arrest and Allegations
The petitioner was arrested and arraigned as a co-accused for failing to comply with the mandatory duty of reporting an offence as provided under Section 19 of the Pocso Act. The allegation against the petitioner was that a scanning procedure was conducted on a girl under the age of 18 at his centre. On May 8, a special court refused to grant him bail.
Petitioner's Argument
Challenging the special court's order, the petitioner argued that the punishment for the offence under Section 19 is provided under Section 21, which stipulates six months’ simple imprisonment with or without fine, and this is a bailable offence. He claimed that the offence under Section 19 cannot be equated with other offences contemplated under the Pocso Act.
Court's Decision
Justice MGS Kamal, after perusing the materials on record, referred to an Orissa High Court ruling that held that alleged non-compliance with Section 19 discloses a lesser offence, for which the special court could not have refused bail to the petitioner-radiologist. The judge directed the man’s release on a personal bond of Rs 50,000 with two sureties for the like sum, to the satisfaction of the jurisdictional court.
This decision highlights the distinction between procedural violations and substantive offences under the Pocso Act, ensuring that bail is not denied for bailable offences. The radiologist's release is subject to the conditions set by the court.
