The Karnataka High Court has indicated it will cancel the anticipatory bail granted to Vachanananda Swamiji in a POCSO case. Justice M. Nagaprasanna expressed strong disapproval of the lower court’s decision to grant the relief. The High Court plans to set aside the order while providing a limited window for the Swamiji to apply for regular bail.
What Happened
The Karnataka High Court has expressed strong disapproval regarding the anticipatory bail granted to Vachanananda Swamiji, the Jagadguru of the Veerashaiva Lingayatha Panchamasali Peetha. In a hearing regarding a case filed under the Protection of Children from Sexual Offences (POCSO) Act, Justice M. Nagaprasanna indicated that the court intends to cancel and set aside the anticipatory bail order issued by a trial court.
The judge remarked on the seriousness of the situation, stating, "You have not left the boys! The minor girls are not safer, minor boys also not safer." The court signaled that the initial bail could not have been granted, making the trial court's order liable for intervention.
The Legal Context
Justice Nagaprasanna clarified that while the filing of a chargesheet does not automatically cancel anticipatory bail, the nature of the case and the manner in which bail was granted warranted judicial review. The court emphasized that such relief should not have been provided in this instance.
However, recognizing that the Swamiji currently operates under this protection, the court suggested granting a limited extension of 10 to 15 days. This window is intended to allow the Swamiji the opportunity to formally approach the competent court to apply for regular bail. This procedural step ensures that the legal process continues without immediate arrest while providing the accused an opportunity to seek regular bail through the appropriate legal channels.
Case Background and Allegations
A special court in Davanagere had initially granted anticipatory bail to the Swamiji on May 2. That decision reportedly took into account arguments from the defense, which included claims of internal administrative disputes within the Peetha and allegations of fabricated cases by trustees following the death of Dr. Mahanta Shivacharya Swamiji in 2012.
The case stems from a complaint lodged on May 7 at the Lakshmeshwar Police Station in Gadag district. A zero FIR was registered under various sections of the POCSO Act and the Indian Penal Code. The complaint alleges instances of sexual abuse and assault against the complainant’s son and other children residing at the institution between 2021 and 2024. Specific accusations include physical assault, threats of death, and denial of food.
What To Watch Next
The immediate focus will be on the formal order from the High Court to set aside the trial court's decision. Following this, the legal proceedings will shift toward the regular bail application process, which the Swamiji is expected to initiate within the stipulated timeframe provided by the court.