Karnataka High Court Grants Bail To Juvenile Accused Of Sexual Offence, Says Mother Fit Person To Keep Him Under Custody

The Karnataka High Court recently granted bail to a juvenile accused of committing penetrative sexual assault on a minor, directing his mother to execute personal bond and surety bond and undertake to ensure the juvenile does not waste his time in "unproductive and excessive recreational pursuits".

The direction was passed by a single bench of Justice Anil B Katti upon noticing that the triple test under Section 12 of the Juvenile Justice Act is not satisfied in this case. Reliance was placed on Allahabad High Court's decision in XXX Juvenile v. State of UP which held that juvenile has to be released on bail mandatorily unless the exceptions carved out in proviso to Section 12(1) are made out.

The exceptions are: a) a reasonable ground for believing that the release is likely to bring the juvenile into association with any known criminal; b) his release is likely to expose him to any moral, physical or psychological danger; and c) his release would defeat the ends of justice.

The juvenile in this case is charged under Sections 354, 354(D), 363, 366(A), 376D read with 34 IPC, Sections 4, 6, 8 and 14 of the POCSO Act, 2012.

Court noted that in view of Section 13 (1)(ii) of JJ Act, no sooner the child in conflict with law is apprehended and produced before the JJ Board, the Probation Officer has to be informed. The JJ Board has to call for a Social Investigation Report of the juvenile, which becomes vital for enquiry to be done by the Board while passing orders in relation to such child. Rule 10 envisages post-production processes by the Board and the Social Investigation Report for children in conflict with law has to be secured in Form No.6.

In this case the Court noted that JJ Board called for report with regard to the mental condition of the juvenile from Dharwad Institute of Mental Health and Neuro Sciences whereas in terms of Rule 10, the Social Investigation Report has to be secured in Form No.6 from Probation Officer/Voluntary/Non-governmental Organization. It said,

“If the said report (from DIMHANS obtained by the JJ Board) is taken into consideration and tested in the light of guidelines enumerated in the aforementioned judgment of Hon'ble Allahabad High Court, then it is evident that the same would not meet the triple test envisaged under Section 12 (1) of the JJ Act to deny bail to juvenile.”

Court said the welfare and well being of the juvenile can be taken care of by his mother and she is a fit and proper person to keep him in custody.

Accordingly it allowed the petition filed by the mother and granted bail to the juvenile. It directed the Probation Officer to keep a strict vision on the activities of juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Dharwad.

Case Title: ABC And State of Karnataka & ANR Case No: CRIMINAL REVISION PETITION NO. 100453 OF 2022

Citation: 2023 LiveLaw (Kar) 267

Date of Order: 12-07-2023

Appearance: Advocates Iranagouda K Kabbur, Shivakumar N Bendigeri for Petitioner.

HCGP Praveen Uppar FOR R1

Click Here To Read/Download Order