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Synopsis

The Supreme Court has directed Karnataka's Murugha Mutt pontiff Shivamurthy Sharanaru, accused of sexually abusing two minor girls, to surrender within a week, while staying the High Court's order of November 8, 2023 granting him bail in the matter.

The court ordered to keep the bail order in abeyance upto a period of six months for examination of material witnesses as his counsel suggested for it.

"We are prima facie of the view that in order to ensure a fair trial not only to the accused but also to the victims, it would be in the interest of justice that the respondent no 3 may remain in custody during the time the witnesses of fact are examined," a bench of Justices Vikram Nath and Prashant Kumar Mishra said.

Court has accordingly directed the Respondent no. 3 to surrender within a week before the Trial Court, which would frame the charges within a week on taking charge of new presiding officer at the Special Court. The father of one of the victims has filed the present petition assailing the correctness of the High Court's order.

Advocate Aparna Bhat, appearing for the petitioner, submitted that the accused pontiff, being an affluent and influential person, if allowed to remain on bail in a case where victims are belonging to an oppressed class and weaker section of the society, there is every likelihood that he may adversely influence the victims and other witnesses of fact. 

The Karnataka government supported her submission.

Senior Advocate Sidharth Luthra, appearing for the accused, submitted that apprehension was totally misconceived. Luthra submitted that his client was released on bail on November 08, 2023 more than five months back, but no such complaint has been made by any party of either threatening or influencing the victims or witnesses, he said.

The state counsel also submitted out of 84 witnesses, there are about 12 to 13 witnesses which include the victims, their parents, complainants and other Officers or Workers/Employees of the Math who are likely to be influenced by respondent no 3.  As such, they may be examined at a time when respondent no 3 is in custody, he said. 

"We leave it to the wisdom of the Public Prosecutor to decide the said number by identifying its witnesses of fact," the bench said.

The bench also noted the High Court by its order on March 11, 2024, quashed certain charges and sustained charges unde Sections 376(2)(n), and 376(3) of the IPC; and Sections 5 and 6 of the POCSO Act, 2012.

The High Court had directed the Trial Court/Special Court will frame the charges afresh and thereafter proceed with the trial.

During the hearing, the state counsel also said regular posting of an Officer has already been made for the Special/POCSO Court and the Officer will be joining in the first week of May, 2024.

"The directions which we are going to issue do not mean that the prosecution will examine only these 12-13 witnesses during the time which we are fixing. That is not the intention. The idea is to expedite the trial and conclude it at the earliest. However, while doing so, make it sure that the relevant witnesses of fact are examined at a time when the respondent no 3 is in judicial custody," the bench said.

In its directions, the court ordered prosecution will submit the list of 12-13 witnesses of fact forthwith before the Trial Court, in any case, at the time of framing of charges.

The Trial Court, after framing the charges, will proceed to conduct the trial as expeditiously as possible and if necessary, on day to day basis and ensure that the witnesses of fact which the prosecution wishes to produce are examined within four months, the court said.

"Trial Court will observe the conduct of the parties and if it finds that if any of the parties are unnecessarily trying to delay the trial, it shall make a note of the same and forward it to this Court. If for no reason attributable to the accused or to the prosecution, the examination of the aforesaid 12 to 13 witnesses of fact is not completed within a period of four months, the Trial Court will send a report to this Court seeking extension of time for two months and the Registry will list the matter accordingly," the order adds.

The court also issued a general direction to Trial Court to conclude the trial at the earliest within a period of one year. In its order, the court also directed for erasing and redacting the names of the victims from the case records.

Shivamurthy Murugha Sharanaru, a 66-year-old seer, was initially arrested in September 2022 in connection with the alleged sexual abuse of two children in the mutt's hostels.