Karnataka HC flags 'shocking' bail to Lingayat seer in POCSO case
Synopsis
Key Takeaways
The Karnataka High Court on Tuesday, 16 June expressed deep concern over a lower court's decision to grant anticipatory bail to Vachananda Swamiji, a prominent Lingayat seer, in a Protection of Children from Sexual Offences (POCSO) case, calling the development 'shocking.' The petition challenging the bail was filed by the mother of one of the alleged victims.
What the High Court Said
A single-judge bench headed by Justice M. Nagaprasanna observed that the Davanagere District Court had granted anticipatory bail to the seer on 21 April — inexplicably, even before a formal police complaint had been registered. The bench remarked that the manner in which bail was granted was 'highly inappropriate at the outset,' particularly given the gravity of the POCSO sections invoked against the accused.
The High Court has since issued a notice to the accused seer and adjourned the matter to 23 June.
Background: Allegations at the Mutt
Children residing at the seer's mutt had alleged verbal abuse and harassment by Vachananda Swamiji, also referred to in official records as Vachanananda Shree. Following these allegations, members of the Child Welfare Committee (CWC) visited the premises. Subsequently, the mother of one of the victims lodged a formal complaint.
Police investigated the matter, questioned the seer on at least two occasions, and conducted medical examinations. The seer, reportedly fearing arrest after the case was formally registered on 21 April, moved the district court within the jurisdiction, which granted him anticipatory bail subject to conditions.
Controversy Over Investigation Officer Transfer
The case has taken a contentious turn following the abrupt transfer of the investigation officer handling the POCSO matter. Davanagere Superintendent of Police H.T. Shekar issued an order transferring PSI Manjula of the Harihara Rural Police Station, who had been leading the investigation against Vachanananda Shree, in the middle of the active probe.
According to reports, office-bearers of the Harihara Panchamasali Peetha Trust had submitted a complaint to a senior IPS officer, alleging the case was not being investigated properly. The senior officer allegedly instructed the SP to change the investigating officer, following which PSI Manjula was replaced by PSI Jayarathnamma from the Azad Nagar Police Station in Davanagere. The transfer, occurring mid-investigation, has sparked significant debate about the integrity of the probe.
What Happens Next
The High Court's intervention signals judicial scrutiny of both the bail order and the broader conduct of the case. The matter is next listed for hearing on 23 June, when the court is expected to examine the accused seer's response to the notice. The mid-investigation transfer of the probe officer is likely to attract further questions, both in court and in public discourse.