Case Note & Summary
The petitioner, a 16-year-old juvenile, was accused of committing rape on a victim girl. The father of the victim lodged a complaint on 22.12.2016 alleging that the juvenile forcibly had sex with his daughter. The Juvenile Justice Board, Kalaburagi, rejected the bail application of the juvenile on 05.01.2017 in Crime No.146/2016. The juvenile's father filed an appeal before the II Addl. Sessions Judge, Kalaburagi, which was also dismissed on 17.01.2017 in Criminal Appeal No.2/2017. Aggrieved by these orders, the father of the juvenile filed a Criminal Revision Petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 before the High Court of Karnataka. The High Court, after hearing the counsel for the petitioner and the State, observed that the lower courts had not properly considered the provisions of Section 12 of the Act, which mandates that a juvenile shall be released on bail unless there are reasonable grounds for believing that his release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger. The court held that the mere gravity of the offence is not sufficient to deny bail to a juvenile. The court set aside the orders of the Juvenile Justice Board and the Appellate Court and directed the release of the juvenile on bail subject to conditions, including that the juvenile shall be produced before the Board as and when required and shall not tamper with the evidence. The court also directed the Juvenile Justice Board to complete the inquiry as expeditiously as possible.
Headnote
A) Juvenile Justice - Bail - Presumption of Innocence - Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015 - The court considered the bail application of a 16-year-old juvenile accused of rape. The Juvenile Justice Board and the Appellate Court had rejected bail. The High Court held that under Section 12 of the Act, bail is the rule and jail is the exception for juveniles, and the mere gravity of the offence is not sufficient to deny bail. The court directed the release of the juvenile on bail with conditions, emphasizing that the inquiry must be completed expeditiously. (Paras 3-6) B) Juvenile Justice - Bail - Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015 - The court observed that the Juvenile Justice Board and the Appellate Court had not properly considered the provisions of Section 12 of the Act, which mandates that a juvenile shall be released on bail unless there are reasonable grounds for believing that his release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger. The High Court set aside the orders of the lower courts and granted bail. (Paras 4-6)
Issue of Consideration
Whether the petitioner, a child in conflict with law, is entitled to bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, despite the gravity of the offence alleged.
Final Decision
The High Court allowed the revision petition, set aside the orders of the Juvenile Justice Board and the Appellate Court, and directed the release of the juvenile on bail subject to conditions: the juvenile shall be produced before the Board as and when required, shall not tamper with evidence, and the Board shall complete the inquiry expeditiously.
Law Points
- Presumption of innocence for juveniles
- Bail is rule and jail is exception for children in conflict with law
- Section 12 of Juvenile Justice Act
- 2015
- Section 102 of Juvenile Justice Act
