Bail pleas of juveniles to be considered under JJ Act even if they are tried as adults: Karnataka High Court

The Karnataka High Court recently held that juveniles in conflict with law must be released on bail as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act (JJ Act) even if they are being tried as adults.

In an order passed on October 24, Justice S Vishwajith Shetty allowed an appeal filed by one such juvenile, who is being tried as an adult by a special court in a case of rape and sexual assault.

The juvenile had challenged the special court’s order from January this year that had rejected his bail application filed under the JJ Act, 2015.

Justice Shetty held that Section 12 of the JJ Act mandates that juveniles in conflict with law should be released on bail even if they were to be treated as adults during trial.

The High Court also agreed with the submission of the amicus curiae in the matter that the 2015 Act being a special provision will supersede the CrPC.

“Section 12(1) of the Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, or any other law for the time being in force, a child, who is produced before the Board, shall be released on bail subject to proviso to Section 12(1) of the Act of 2015. Therefore, it is very clear that even if the child is ordered to be tried as a adult, as provided under Section 18(3) of the Act of 2015, for the purpose of his bail application, Section 12 of the Act of 2015 would be applicable and his bail application cannot be considered under the provisions of Code of Criminal Procedure," the Court said.

The Court further noted that the only embargo under Section 12 in releasing a child on bail is if there reasonable ground that his release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or the release of such a person would defeat the ends of justice.

The Court said that the present case was not one to which such embargo would apply.

It also noted that the juvenile-appellant in the present case had been in custody for over a year and the trial in the case was yet to begin. Besides, the victim, who was his sister, and her parents had made a statement before the special court that they had no objections to the appellant being released on bail.

Therefore, the High Court directed that the juvenile be released on bail after he executes a personal bond of ₹50,000.

Advocate Praveen S Appeared for the juvenile.

Advocate Lethif B served as the amicus curiae.

Government Pleader Diwakar Maddur appeared for the State.

[Read Order]