Case Note & Summary
The petitioner, a 16-year-old juvenile (CCWL-4), filed a criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, challenging the orders of the Juvenile Justice Board, Dharwad, dated 11.03.2022 in JC No. 10/2022 and the II Additional Sessions Judge, Dharwad, dated 04.06.2022 in Criminal Appeal No. 35/2022, which denied him bail. The petitioner was arrested in connection with Crime No. 222/2021 of Dharwad Town Police Station for offences punishable under Sections 354, 354D, 363, 366(A), 376D, 34 of IPC, Sections 4, 6, 8, 14 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, Section 67B of the Information Technology Act, 2000, and Sections 3(1)(w), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution case was that CCWL-1 and others forcibly took the victim girl to KUD where she was sexually assaulted, and CCWL-4 allegedly took a video of the incident. The Juvenile Justice Board rejected the bail application on the ground that the offences are serious and the juvenile's release might bring him into association with known criminals. The Appellate Court confirmed the order. The High Court, after hearing arguments, observed that under Section 12 of the Juvenile Justice Act, bail is the rule and denial is an exception. The Board must record satisfaction that there are reasonable grounds for believing that the juvenile's release would bring him into association with known criminals or expose him to moral, physical or psychological danger. In this case, the Board did not record such satisfaction. The court noted that the petitioner is a student, has no criminal antecedents, and his role was limited to taking a video. The court held that the orders of the lower courts were not sustainable and allowed the revision petition, directing the petitioner to be released on bail subject to conditions.
Headnote
A) Juvenile Justice - Bail - Section 12 Juvenile Justice (Care and Protection of Children) Act, 2015 - Denial of bail - The court considered whether the Juvenile Justice Board and Appellate Court correctly denied bail to a juvenile accused under POCSO Act, IPC, and SC/ST Act. Held that the mere gravity of offences is not sufficient to deny bail; the Board must record satisfaction that there are reasonable grounds for believing that the juvenile's release would bring him into association with known criminals or expose him to moral, physical or psychological danger. In the absence of such satisfaction, bail cannot be denied. (Paras 6-10) B) Criminal Procedure - Bail - Prima facie case - The court examined the role of CCWL-4, who was alleged to have taken video of the incident. Held that the role attributed to the petitioner is not of such a nature that his release would expose him to danger. The court noted that the petitioner is a student aged 16 years and has no criminal antecedents. (Paras 8-10) C) POCSO Act - Bail - Section 12 Juvenile Justice Act - The court held that even for serious offences under POCSO Act, the provisions of Section 12 of the Juvenile Justice Act must be strictly complied with. The Board's order denying bail was set aside as it did not record the required satisfaction. (Paras 6-10)
Issue of Consideration
Whether the Juvenile Justice Board and the Appellate Court were justified in denying bail to the juvenile (CCWL-4) under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, on the ground that his release would bring him into association with known criminals or expose him to moral, physical or psychological danger, and whether the offences alleged are so serious that bail should be denied.
Final Decision
The revision petition is allowed. The orders dated 11.03.2022 passed by the Juvenile Justice Board, Dharwad, in JC No. 10/2022 and dated 04.06.2022 passed by the II Additional Sessions Judge, Dharwad, in Criminal Appeal No. 35/2022 are set aside. The petitioner/CCWL-4 is ordered to be released on bail on executing a personal bond of Rs. 50,000 with one surety to the satisfaction of the Juvenile Justice Board, subject to conditions including that the petitioner shall not tamper with prosecution evidence or indulge in similar offences.
Law Points
- Bail under Juvenile Justice Act
- 2015
- Section 12
- Prima facie case
- Serious offences
- POCSO Act
- SC/ST Act
- IPC
