Karnataka High Court Quashes Case Against JDS MLA Sharada Purya Naik Accused Of Employing Children In 2023 Political Rally

The single judge bench of Justice M. Nagaprasanna observed that the mere presence of children alongside a campaign venue would not attract the rigours of Sections 77 [cruelty to child] of the Juvenile Justice Act and Section 14 [permitting children to work in violation of laws] the Child & Adolescent Labour (Prohibition and Regulation) Act. 

“…It has been alleged that children were seen participating in the petitioner's political rally. The petitioner never brought any children for the rally. The school being adjacent, the children had come out and accompanied the rally…. That would not mean that the petitioners would be liable for prosecution under Section 75 of JJ Act and Section 14 of Labour Prohibition Act…Quashed”, the court noted in the order.

Therefore, it cannot be said that the MLA employed the children for her politically rally, the court orally said, agreeing with the arguments made by the MLA's counsel.

For context, a complaint was made by the flying squad of the Election Commission against the MLA that she had engaged children during a political rally, part of an election campaign at Hubannahalli back in May 2023, where children were reportedly seen participating.

Thereafter, the petitioner MLA approached the High Court seeking a direction to quash the charge sheet filed by the Kumsi Police Station (Crime No. 0073/2023), with criminal proceedings currently pending before the XLII Additional Chief Judicial Magistrate, Bengaluru City. For the aforesaid offences, the trial court had taken cognizance on February 2024.

Appearing for the MLA, the counsel argued that the petitioner has never brought any children to make them participate in the election rally. According to the counsel's reasoning, a school was located adjacent to the place where the proceedings were happening. Coincidentally, a few school children joined the rally without the knowledge of the petitioner, the counsel said.

“…If the petitioner is on a campaign and children are standing one each side, it does not mean that the petitioner has brought the children for campaign albeit prima facie…”, the court had noted in its prima facie observations in a previous interim order from January 2025.

Hence, all further proceedings pending before the XLII Addl. CJM, Bengaluru City was quashed by the High Court.

Case Title: Sharada Purya Naik vs. State of Karnataka & Anr.

CRL.P No: 13717/2024