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'His Future Can't Be Put To Jeopardy': Karnataka HC Permits 19 Yrs Old Rape Accused In Judicial Custody To Physically Appear For Annual Exams

Mustafa Plumber
11 March 2022 10:10 AM GMT
His Future Cant Be Put To Jeopardy: Karnataka HC Permits 19 Yrs Old Rape Accused In Judicial Custody To Physically Appear For Annual Exams
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The Karnataka High Court recently permitted a 19-years old, who is in judicial custody in connection with the rape of a minor girl, to appear for his annual examination by physically attending the examination centre. Justice V Srishananda while disposing of the petition filed by the accused said, "Just because, the case is pending against the petitioner herein, which is...

The Karnataka High Court recently permitted a 19-years old, who is in judicial custody in connection with the rape of a minor girl, to appear for his annual examination by physically attending the examination centre. 

Justice V Srishananda while disposing of the petition filed by the accused said, 

"Just because, the case is pending against the petitioner herein, which is being investigated in Crime No.8/2022, his future cannot be put to jeopardy."

Following which the court permitted the petitioner to attend the examination at the Vivekananda Degree College, Rajajinagar, Bengaluru.

Further it said "The Chief Examiner/Head of the examination centre shall make suitable arrangements for the petitioner to write the examination in a separate room. The petitioner shall be permitted to attend the examination centre in proper suitable security to be deployed by the jail authorities at the cost of the petitioner, who shall accompany the petitioner till the examination centre and after examination is completed, he shall escort him back to the prison on the same day. However, the petitioner shall not be hand-cuffed while proceeding to the examination centre and back."

It was also clarified by the court "The escort/security shall not be in uniform, so as to maintain confidentiality and dignity of the petitioner. Necessary charges for the security be deposited by the petitioner well in advance so as to make necessary arrangements by the jail authorities."

The court remarked that the arrangement should not be misused by the petitioner in any manner. However, the jail authorities shall permit necessary books to be supplied to the petitioner by his parents.

Case Background:

The petitioner had approached the court seeking bail. The police had registered a case against him  under Sections 376(2)(n), 376(3) of IPC and Sections 4, 5(J)(11)(L), and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 [hereinafter referred to as 'POCSO Act' for short]. The matter is now pending before the Special Court.

During investigation, apprehended the petitioner and he was sent to judicial custody on and from 20.01.2022. It was alleged that a minor girl had been seduced by the petitioner.

However, the petitioner's counsel claimed that it is a case of love affair. Be it what it may, the matter is under investigation. In the meanwhile, the petitioner is having annual examinations from 15.03.2022 to 31.03.2022 and thus sought for bail.

The prosecution opposed the plea stating that the investigation is under progress and therefore, passing any order would hamper the investigation.

Case Title: Darshan And State of Karnataka

Case No: Criminal Petition/ 2022

Citation: 2022 LiveLaw (Kar) 71

Date of Order: March 3, 2022

Appearance: Advocate A N Radha Krishna for petitioner

Advocate Rahul Rai K for respondents

Click Here To Read/Download Order

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