The Single Judge Bench of the Karnataka High Court, comprising Justice V. Srishananda in the case of Darshan v. The State of Karnataka & Ors. has permitted the petitioner who is accused under POCSO Act, to appear in the annual examination.
Background of the Case
The petitioner is a 19 year old boy. He had been charged under Sections 376(2)(n) (committing rape repeatedly on the same woman) 376(3) (committing rape on a woman under sixteen years of age) of the Indian Penal Code (IPC) and Sections 4 (penetrative sexual assault), 5(J)(11)(L) (repeated penetrative sexual assault) and 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act (POCSO). He has applied for bail through this petition.
Submission of the Petitioner
The counsel on the behalf of the Petitioner has submitted that it is a case of love affair and the matter is under investigation. In the mean while, learned counsel for the petitioner submits that the petitioner is having annual examination from 15.03.2022 to 31.03.2022.
Submission of the Respondent
The counsel on the behalf of the Respondent has submitted opposes the bail petition stating that the investigation is under progress and therefore, passing any order would hamper the investigation.
Reasoning and Decision of the Court
The Court heard the arguments of both the parties and perused the records and expounded that just because case is pending against the petitioner herein, which is being investigated, his future cannot be put to jeopardy. Therefore, necessity has arisen to make suitable arrangement for him to appear for the examinations.
The Court made the following directions:
1- Suitable arrangements to be made by the Chief Examiner for the petitioner to write the exam in a separate room;
2- A security person should be deployed by the jail authorities at the cost of the petitioner, who would escort him from prison to the examination centre and back, while noting that the petitioner should not be handcuffed on the way;
3- The security escort should not be in uniform, to maintain the confidentiality and dignity of the petitioner;
4- An advance to be deposited by the petitioner for security charges;
5- The petitioner would continue to be in judicial custody from the completion of one exam till the next exam;
6- The jail authorities would permit books to be supplied to the petitioner by his parents;
7- This arrangement should not be misused by the petitioner in any way.
Therefore, The Court disposed of the petition and also clarified that this order will not come in the way of filing any successive bail application.
Case Details
Case: - CRIMINAL PETITION No.1482 of 2022
Petitioner: - Darshan
Respondent: - The State of Karnataka & Ors
Judge: Justice V. Srishananda
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