Pune Porsche Accident | Father And Grandfather Of Minor Accused Granted Bail For Alleged Wrongful Confinment Of Driver

A Pune Court has granted bail to father and grandfather of the minor accused in the Pune Porsche car accident case in the case for allegedly pressurising their driver to take the blame for the accident and wrongfully confining him in their house.

The two are booked under sections 342, 365, 368, 506 with 34 of IPC.

“My clients have been granted bail by the Honourable court at Pune. They shall cooperate with the investigation agency for the investigation of the matter and shall abide by the conditions of the Honourable Court”, Advocate Prashant Patil for the accused persons told Live Law.

The father, a prominent builder in Pune, is booked in three cases related to the accident – one under Motor Vehicles Act and two separate cases under IPC for wrongfully confining the driver and manipulating the minor's blood sample on the night of the incident. The grandfather is booked under a single case for alleged wrongful confinement of the driver.

Last week, the father was granted bail in the case related to the accident wherein he is booked under sections 75 and 77 of the Juvenile Justice Act, which pertain to wilful neglect and supplying intoxicating substances to a minor, respectively. He allegedly allowed the minor accused, who did not have a valid driving license, to drive the car and permitted him to attend a party despite being aware of his drinking habits.

The Bombay High Court last week ordered the release of the minor accused from observation home criticising the “haphazard manner” in which the prosecution and law enforcement agencies handled the situation, influenced by public outcry.

Calling the accident a “ghastly” incident, a division bench of Justice Bharati Dangre and Justice had stated that while it has all sympathies with the families of the deceased victims, the court is bound to adhere to the law. The court further said that the minor accused has to be treated like any other child in conflict with law.

Background –

In the early hours of May 19, 2024, a Porsche car driven by a minor aged 17 years and 8 months, who was allegedly under the influence of alcohol and driving at high speed, crashed with a motorcycle carrying two riders, killing them on the spot.

An FIR was registered against the minor for offences under Sections 304A, 279, 337, 338, 427 of the IPC, and Sections 184, 190, and 177 of the Motor Vehicles Act. Eyewitnesses recorded statements attributing the accident to the minor's rash and negligent driving. The minor was apprehended and got bail on the same day by the Juvenile Justice Board.

However, on May 21, 2024, the prosecution filed an application under Section 104 of the Juvenile Justice (Care and Protection of Children) Act, 2015, after the insertion of Section 304 of the IPC in the FIR. The application sought to review the earlier bail order based on new evidence, including CCTV footage showing the CCL consuming alcohol and smoking before the incident.

On May 22, 2024, JJB issued an amended order under Section 104 of the Act, not intending to revoke the bail but to place the minor in an Observation Home for rehabilitation. The order cited discrepancies in the investigation reports and the need for the minor's psychological treatment and safety, considering public anger and the potential for mob violence.

Subsequent applications by the investigating officer led to extensions of the minor's stay in the Observation Home until June 25, 2024.

The paternal aunt of the minor approached the high court seeking a writ of habeas corpus to secure his release, arguing that once bail was granted, he could not have been placed in an Observation Home under the guise of rehabilitation.

The high court criticized the JJB's order dated May 21, 2024, which confined the child to an observation home despite being on bail. It also stated that further orders extending the minor's detention were also without jurisdiction and passed in a mechanical manner, ignoring the fact that he was already a free individual on bail.