The High Court of Karnataka has issued a series of directions to ensure that parents/guardians/caregivers of child victims of sexual offences are kept informed about the applications for bail filed by the accused in the criminal proceedings as mandated in the laws.
The court issued the directions while disposing of a PIL petition filed by three women, who are the mothers of victims, seeking directions for the effective implementation of provisions of the Protection of Children from Sexual Offences Act, 2012 and the provisions of the Code of Criminal Procedure.
It was pointed out in the petition that the parents/guardians/caregivers were not being given notices whenever the accused moved the jurisdictional courts for bail even though the law clearly mandated issuance of notice to the victim’s representatives on bail pleas.
A Division Bench, comprising Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj, in its order, has also directed that the public prosecutors should also serve a copy of any application or objection, to be filed in the bail proceedings, on the victim’s parents/caregivers/guardian and also on their legal counsel, if appointed.
The public prosecutors can take the assistance of the investigation officer or the special juvenile police unit for serving the these documents on the parents/caregivers/guardians and submit necessary proof on service of documents before the concerned court, the Bench said, while directing that the prosecutors will have to give explanation in writing if unable to serve the documents to victim’s representatives.
Similarly, the Bench said that the accused or their advocates also should serve all the applications or the objections in the bail proceedings on the parents/guardians/caregivers of the victim.
If the accused is a close family member or an acquaintance of the victim’s family, the necessary applications and documents will also to be served on the jurisdictional child welfare committee, the Bench said.
The judicial courts, the Bench said, before proceeding with the application for bail should ascertain status of service of notices and records on the parents/guardians/caregivers.
The Bench also said that the jurisdictional courts will have to pass a reasoned order for taking up bail application on emergent circumstances in the absence of representation of victim’s parents/guardians/caregivers.
The representatives of the victims can be represented by their own advocates or the advocates appointed by the Karnataka State Legal Services Authority or the concerned District Legal Services Authority, the Bench added.
