Case Note & Summary
The petitioner, a minor represented by his father, filed a criminal revision petition under Section 397 read with Section 401 of Cr.P.C. challenging the orders dated 13.05.2019 passed by the Principal Magistrate, Juvenile Justice Board, Vijaypur, and dated 02.07.2019 passed by the II-Additional Sessions Judge, Vijaypur, in Criminal Appeal No.37/2019, which rejected his bail application in Crime No.23/2019 of Kolhar Police Station. The case was registered against the petitioner and four others for offences punishable under Sections 363, 376(d), 506 IPC, Section 5(G) read with Sections 6 and 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Section 66(e) of the Information Technology Act. The petitioner was accused No.5 and was a juvenile in conflict with law. The JJ Board and the Sessions Court had rejected his bail application. The High Court examined the question whether the impugned orders suffered from any infirmity and illegality. The court noted that the petitioner was a juvenile and that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) are beneficial in nature. The court found that the lower courts had not properly considered the petitioner's juvenility and the liberal approach to bail under Section 12 of the JJ Act. Consequently, the High Court allowed the revision petition, set aside the impugned orders, and directed that the petitioner be released on bail on such terms and conditions as deemed fit by the JJ Board.
Headnote
A) Juvenile Justice - Bail - Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015 - The court considered whether the JJ Board and Sessions Court erred in rejecting bail to a juvenile accused under POCSO Act - Held that the orders suffered from infirmity and illegality as they did not consider the beneficial provisions of the JJ Act and the petitioner's juvenility - The court allowed the revision petition and granted bail (Paras 1-5).
Issue of Consideration
Whether the impugned orders of the Juvenile Justice Board and the Sessions Court rejecting the bail application of the petitioner suffer from any infirmity and illegality?
Final Decision
The revision petition is allowed. The impugned orders dated 13.05.2019 of the JJ Board and 02.07.2019 of the Sessions Court are set aside. The petitioner is directed to be released on bail on such terms and conditions as deemed fit by the JJ Board.
Law Points
- Juvenile Justice Act
- 2015
- Section 12
- Bail
- Juvenile in conflict with law
- POCSO Act
- 2012
- Section 5(G)
- Section 6
- Section 15
- Information Technology Act
- Section 66(e)
- IPC Sections 363
- 376(d)
- 506
- Cr.P.C. Sections 397
- 401
Case Details
2019 LawText (KAR) (09) 50
Criminal Revision Petition No.200054/2019
Sri S.S.Mamadapur (for petitioner), Sri Mallikarjun Sahukar (HCGP for respondent)
Sri Arun S/o Suresh Rathod (Minor, represented by natural father & M/G Shri Suresh S/o Somu Rathod)
The State of Karnataka (Through Kolhar Police Station)
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Nature of Litigation
Criminal revision petition against rejection of bail application of a juvenile accused in a POCSO case.
Remedy Sought
Setting aside the orders of the JJ Board and Sessions Court rejecting bail and releasing the petitioner on bail.
Filing Reason
The petitioner, a minor, was accused No.5 in Crime No.23/2019 for offences under IPC, POCSO Act, and IT Act. His bail application was rejected by the JJ Board and confirmed by the Sessions Court.
Previous Decisions
The Principal Magistrate, JJ Board, Vijaypur, rejected bail on 13.05.2019; the II-Additional Sessions Judge, Vijaypur, confirmed the same in Criminal Appeal No.37/2019 on 02.07.2019.
Issues
Whether the impugned orders of the JJ Board and Sessions Court rejecting bail suffer from any infirmity and illegality?
Submissions/Arguments
The petitioner argued that the lower courts failed to consider his juvenility and the liberal approach to bail under Section 12 of the JJ Act.
The respondent State opposed the bail.
Ratio Decidendi
The Juvenile Justice Act is a beneficial legislation, and bail should be liberally granted to juveniles in conflict with law under Section 12 of the JJ Act. The lower courts erred in rejecting bail without considering the petitioner's juvenility and the beneficial provisions of the Act.
Judgment Excerpts
Whether the impugned order of the Juvenile Justice Board dated 13.05.2019 in Crime No.23/2019 of Kolhar Police Station, rejecting the bail application of the petitioner and the order of the Sessions Court confirming the same in Criminal Appeal No.37/2019 suffer any infirmity and illegality?
The petitioner was accused No.5 in Crime No.23/2019 of Kolhar Police Station.
Procedural History
The petitioner filed a bail application under Section 12 of the JJ Act before the Principal Magistrate, JJ Board, Vijaypur, which was rejected on 13.05.2019. He then filed Criminal Appeal No.37/2019 before the II-Additional Sessions Judge, Vijaypur, which was dismissed on 02.07.2019. Thereafter, he filed the present criminal revision petition under Section 397 r/w 401 Cr.P.C. before the High Court of Karnataka, Kalaburagi Bench.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 397, 401
- Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): 12
- Indian Penal Code, 1860 (IPC): 363, 376(d), 506
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act): 5(G), 6, 15
- Information Technology Act, 2000: 66(e)
