“Bail Application of a minor to be considered under Section 12 of Juvenile Justice Act and not CrPC, even if the minor is to be tried as an Adult: Karnataka High Court.”
November 6, 2024 2025-03-02 0:26“Bail Application of a minor to be considered under Section 12 of Juvenile Justice Act and not CrPC, even if the minor is to be tried as an Adult: Karnataka High Court.”
“Bail Application of a minor to be considered under Section 12 of Juvenile Justice Act and not CrPC, even if the minor is to be tried as an Adult: Karnataka High Court.”
By Himabindu Lingala
The Karnataka High Court held that even if a minor accused of an offence is directed to be tried as an adult, as provided under Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015, his bail application is to be considered under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, it cannot be considered under the provisions of Code of Criminal Procedure.
The case involves a minor accused of sexually assaulting the minor victim (his younger sister), resulting in her pregnancy. A special court under the POCSO Act registered the case and directed that the accused be tried as an adult, in accordance with Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act. The accused is charged for offences punishable under Sections 376, S.376(2), S.376(2)(n) and S.376(3) of Indian Penal Code and Sections 4, S.5(j)(ii), S.5(n), S.5(l) and S.6 of the POCSO Act. Subsequently, the accused filed a bail application under Section 439 of the Code of Criminal Procedure, which was denied by the special court. The petitioners moved to the High Court seeking approval of the bail application.
The High Court Government Pleader opposed the petition, stating that the accused had committed heinous crimes against the minor victim and further contended that granting bail would enable the accused to tamper with the prosecution’s witnesses.
The High Court held that the accused is a child within the meaning of Section 2(12) of the Juvenile Justice (Care and Protection of Children) Act and stated that the Special Court was required to consider the bail application filed under Section 439 of Code of Criminal Procedure as if it was an application under S.12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, even if the minor is directed to be tried as an adult.
The High Court further observed that the only interdiction on not granting bail to a minor arises when reasonable grounds exist to believe that their release may lead to association with known criminals or expose them to severe physical, psychological danger or undermine the ends of justice. The High Court held that the disentitlement categories contemplated in the proviso to Section 12(1) of the Act, would not come in the way of the petitioners’ application being considered.
Accordingly, the High Court allowed the bail application under S.12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, despite the accused being tried as an adult.
Case Title: XXX and State by Women Police Station & ANR
Citation: NC: 2024:KHC:43235 CRL.P No. 9582 of 2024
