Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs

The petitioner who was aged about 17 years, along with other accused persons, who are 21 in number, are said to have committed murder of two persons. Hence, the police have investigated the matter and filed the charge-sheet. The Petitioner herein was booked under Sections 143, 144, 147, 148, 341, 302, 120-B, 427 read with Section 149 of IPC and Section 3(2) of PDPP Act.

His application for bail under Section 12(1) of the Juvenile Justice (Care & Protection of Children) Act, 2015 was rejected by the Juvenile Justice Board vide order dated 04.01.2019. Being aggrieved, an appeal was filed before the Appellate Court which also came to be dismissed.

The Petitioner argued that the only allegation against him is that he conspired with other adult accused persons. There was no specific allegation/ act attributed to him. It was submitted that the petitioner has been in custody since September, 2019 and the very object of Section 12 of the Act has not been considered by the Juvenile Justice Board as well as the Appellate Court. Other accused persons have already been enlarged on bail and on the ground of parity, the petitioner is entitled for bail.

The Prosecution opposed the plea, stating that a specific allegation is made against this petitioner that he participated along with assailants, while committing murder of two persons and it is a heinous offence and even the petitioner has not attained majority and at this age, he had indulged in criminal act along with other accused persons. Merely because he is in custody from the last 2½ years, the same is not a ground to enlarge him on bail.

Court findings:

On going through the facts of the case the bench observed, "No doubt, there are several other accused persons, this Court has already granted bail in favour of accused No.1 and other accused persons are on bail. Apart from that, the maximum punishment in respect of the petitioner is concerned for 3 years and not more than that."

It added, "When such being the case and the petitioner is in custody from the last 2½ years, I am of the opinion that it is a fit case to exercise the discretion to enlarge the petitioner on bail."

Accordingly it directed that the petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000 with two sureties for the likesum to the satisfaction of the Juvenile Justice Board. On behalf of the minor petitioner/accused, his father/mother has to endorse to the said security that, in the event if he fails, she is going to indemnify the said amount.

Further, the accused shall not temper with the prosecution evidence directly or indirectly. He shall not leave the jurisdiction of the Juvenile Justice Board without prior permission. He shall not indulge in similar type of criminal activities.

Case Title: Master Pavan S v. State Of Karnataka

Case No: Criminal Revision Petition No.195/2021

Citation: 2022 Livelaw (Kar) 117

Date Of Order: 7th Day Of April, 2022

Appearance: Advocate G.A.Prem Kumar For Petitioner; Advocate Rashmi Jadhav For Respondent

Click Here To Read/Download Order