Venkatesh vs State Through PSI, Honnali Police, Davanagere

The petitioner (Juvenile in conflict with law) is the sole accused in connection with Crime No. 284 of 2015 registered for the offences punishable under Sections 376 and 506 of Indian Penal Code, 1860 and under Section 6 of the Protection of Children from Sexual Offences Act, 2012.

The brief facts of the case are as follows:

According to the prosecution case, the complainant is having two children, one male-Karthik and one female-Keerthana; her husband is presently residing at Bengaluru and working as a coolie; she is residing at thanda, Chikkabasuru and her husband usually visit them once in a month. Further, it is alleged that, as the television in their house was not working, the complainant''s children went to their uncle Jayanaika''s house, which was situated in the same locality, to watch TV on 20-10-2015 at 2.30 pm. At that time, the son of Jayanaika by name Venkatesha, aged about 15 years, committed rape on the victim girl aged about 12 years and he threatened her with dire consequences of killing her if she discloses the incident to anybody. On the night of 24-10-2015 the victim girl complained irritation and pain in her private part. On enquiry by the complainant (mother), the victim girl disclosed about the incident. Therefore, in this regard, a complaint came to be lodged by the complainant with the respondent-Police.

The petitioner made an application for grant of bail before the Juvenile Justice Board, Davangere and his bail application came to be rejected. The Trial Court has invoked the provision under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, ''JJ Act, 2000'') and rejected the bail application on the ground that, if he is released on bail, he may tamper with the prosecution witnesses; he may abscond from the jurisdiction of the Juvenile Justice Board; he may not appear for the trial and that there is prima facie material against the accused for having committed the aforesaid offences alleged against him. The said order was called in question before the II Additional District and Sessions Judge, Davangere, in Criminal Appeal No. 27 of 2016 and vide order dated 20-4-2016, the learned Sessions Judge dismissed the said appeal holding that, on the above grounds narrated by the Trial Court, the petitioner is not entitled to be enlarged on bail. Both the Juvenile Justice Board and the Sessions Court have lost the sight of the contents of Section 12 of the JJ Act, 2000, as to specifically under what circumstances the bail petition can be rejected.

Section 12 of the JJ Act, 2000 reads thus:

"12. Bail of juvenile.-(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law? for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person, but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

(2) When such person having been arrested is not released on bail under sub-section (1) by the officer in-charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order."

(emphasis supplied)

A careful perusal of the above said provision clearly indicates that, the Court shall notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force, release the juvenile in conflict with law on bail with or without sureties or place him under the supervision of a Probation Officer or under the care of any fit institution or fit person. It means, the juvenile shall not be released only on the recognised grounds in the said provision that if there is any reason or ground to believe that the release of the juvenile on bail is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. If these riders are not there, the Court cannot refuse to grant bail sofar as this juvenile is concerned. Both the Juvenile Justice Board and the Sessions Court have not given any finding sofar as the riders put in Section 12 of the JJ Act, 2000. There is no whisper whether release of the petitioner-accused would bring him into the association with any known criminal or expose him to moral, physical or psychological danger or it would in any manner defeat the ends of justice. Further added to the above said provision, it is available in the order of the Juvenile Justice Board that the juvenile in conflict with law is suffering from ailment stones in Kidney and though he was referred to C.G. Hospital and provided medical aid, but the juvenile being aged only 14 years, in such circumstances, he requires love, affection and care from the parents.

In the above said circumstances and particularly under the mandatory provision of Section 12 of the JJ Act, 2000, I am of the opinion that, it is a fit case where the petitioner is entitled to be enlarged on bail. Hence, the following order:

ORDER

The petition is allowed. The order dated 5-3-2016 in Crime No. 284 of 2015 passed by the Juvenile Justice Board, Davangere and the judgment dated 20-4-2016 in Criminal Appeal No. 27 of 2016 passed by the II Additional District and Sessions Judge at Davangere, are hereby set aside, Consequently, the petitioner shall be released on bail in connection with Crime No. 27 of 2016 of Honnali Police Station, Davangere, registered against him for the aforesaid offences, subject to the following conditions:

(i) The petitioner''s guardian or next friend shall execute a bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety each for the like-sum to the satisfaction of the Juvenile Justice Board, for production of the juvenile before the Juvenile Justice Board.

(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The petitioner shall appear before the Juvenile Justice Board on all the future hearing dates unless exempted for any valid reason, by the Board.

(iv) The petitioner shall not leave the jurisdiction of the concerned Juvenile Justice Board without its prior permission, till the case registered against him is disposed of.

In view of the disposal of this petition, the application - IA No. 1 of 2016 filed in this petition for bail does not survive for consideration and accordingly, it stands disposed of.