Karnataka High Court Grants Bail in High-Profile POCSO Case, Cites Lack of Evidence as Reason

In a significant development, the High Court of Karnataka at Bengaluru has granted bail to the accused No.3 in a high-profile case involving serious charges under the Protection of Children from Sexual Offences (POCSO) Act, among others. The decision was rendered by the Hon’ble Mr. Justice Shivashankar Amarannavar on October 13, 2023.

The case, Criminal Appeal No. 65/2023, had accused Paramashivaiah A J, who had been in custody for over a year, seeking bail in connection with Crime No.387/2022 of Chitradurga Rural Police Station. The charges against him included Sections 376(2)(n), 376(DA), 376(3), 201, 202, 506 r/w 34 and 37 of the Indian Penal Code, Sections 5(L) and 6 of the POCSO Act, Section 3(f), and Section 7 of the Religious Institution Prevention of Misuse Act, 1988, and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015.

The court's decision to grant bail was grounded in its observation that the prosecution case lacked sufficient evidence and that the appellant's custody for over a year was unwarranted. The judgment stated, "Merely because the appellant – accused No.3 is an influential person, is not a ground to keep him in custody as a pre-trial punishment till conclusion of the trial, wherein the prosecution has to examine 84 witnesses and further proceedings are stayed at present."

The court also noted that the appellant, Paramashivaiah A J, claimed innocence and alleged conspiracy, questioning the delay in lodging the complaint and the alleged concealment of crucial facts.

This decision follows a series of legal battles and has garnered attention due to the serious nature of the charges and the subsequent grant of bail. The court's emphasis on the need for evidence and its assertion that custody should not be a pre-trial punishment has sparked discussions among legal experts and activists.

Date of Decision: October 13, 2023

Paramashivaiah A J  vs State of Karnataka