Supreme Court: In a criminal special leave to appeal by the minor girl’s father against Karnataka High Court’s decision whereby the High Court allowed the criminal appeal and granted bail to Shivamurthy Murugha Sharanaru in the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) case, the Division Bench comprising of Vikram Nath and Prashant Kumar Mishra, JJ. stayed the impugned order.
Shivamurthy Murugha Sharanaru, an Indian seer and pontiff was accused of sexually assaulting minor girls and was arrested under the POCSO Act. The appellant’s case was that he is an affluent and influential person, and if allowed to remain on bail, he was likely to adversely influence the victims and other witnesses.
The Court prima facie viewed that to ensure a fair trial not only to the accused but also to the victims, it would be in the interest of justice that Shivamurthy Murugha Sharanaru remains in custody during the time the witnesses of fact are examined. The Court did not delve into the merits of the matter and refused to pass any detailed order, as it may ultimately affect the trial.
The Court stayed the operation of the impugned order for a period of four months from the date of order, which may be extended for two more months if required. The Court gave a week to surrender before the Trial Court. The Court also directed the Trial Court to frame the charges afresh and that the trial should be conducted as expeditiously as possible and if necessary, on a day-to-day basis and ensure that the witnesses of fact are examined within four months. Further, the Court directed the Trial Court to observe the conduct of the parties and in case any unnecessary attempts to delay the trial are made out, it shall make a note of the same and forward it to the Court.
[H. Ekanthaiah v. State of Karnataka, 2024 SCC OnLine SC 677, Order Dated: 23-04-2024]
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