Larger HC bench to hear bail plea of POCSO accused

BENGALURU: A single-judge bench of the Karnataka High Court has referred the issue of granting bail to the accused in POCSO Act cases, to a larger bench, as coordinate benches of the court have taken different views on the issue.

Justice BA Patil directed the registry to place the matter before the Chief Justice for approval and place it before a larger bench, while rejecting the bail to Hanumantha Mogaveera of Udupi. Hanumantha has been in custody since April 10, 2019, for allegedly sexually assaulting a minor girl at a rehabilitation centre. 

During the hearing of his bail plea, his counsel argued that charge sheet has already been filed and the trial court has already taken cognisance of the offence on May 13, 2019. As per Section 35(1) of the Act, the evidence of the child has to be recorded within 30 days of the trial court taking cognisance of the offence and if it is not done, the reason for the delay has to be recorded by the court.

As per Section 35(2), the court has to complete the trial within one year from the date of taking cognisance of the offence. If this is not followed by the trial court, then the accused is entitled to be released on bail, the counsel argued. The judge said the contention is not acceptable as the object of the Act is ensure the protection of the minor victims and the witness so as to render a speedy justice to the victims.