POCSO case: Supreme Court stays order granting bail to Karnataka seer Shivamurthy Murugha Sharanaru

The Supreme Court recently stayed a November 2023 order passed by Karnataka High Court that had granted conditional bail to Shivamurthy Murugha Sharanaru, pontiff of Murugha Rajendra Bruhanmath of Chitradurga. The Karnataka seer was arrested under POCSO on charges of sexually assaulting minor girls in the mutt-run hostel. 

While staying the bail order, a division bench comprising Justice Vikram Nath and Justice Prashanth Kumar Mishra ordered the seer to surrender before the Chitradurga court hearing the case within a week. The order was passed in a criminal special leave to appeal by the minor girl’s father against Karnataka High Court’s decision. 

Seer Shivamurthy Murugha Sharanaru was accused of sexually assaulting minor girls and was arrested under POCSO Act. Notably, 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 apex 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. However, 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 top 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 bench also gave a week to surrender before the Trial Court. It 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. 

Additionally, the court ordered 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.



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