Finding illegalities by way of violation of the court’s orders in the arrest of Shivamurthy Murugha Sharanaru, seer of Murugarajendra Bruhan Mutt, Chitradurga, on Monday afternoon in the second case of sexual assault, the High Court of Karnataka on Monday evening ordered his immediate release from prison.
“The non-bailable warrant (NBW) issued as also arrest made being contrary to the orders passed by this court would have to be set-at-naught by directing the prison authorities, Chitradurga district, to forthwith release the petitioner-seer from judicial custody,” the High Court said.
The legal battle unfolded after the special court for POCSO cases in Chitradurga district issued NBW against the seer at around 12.30 p.m. on Monday. The warrant was issued after the Special Public Prosecutor (SPP) alleged that the seer was not appearing in the second criminal case and sought his production before the special court.
Following issuance of NBW, Chitradurga Rural police acted swiftly and went to Virakta Mutt in Davangere, where the seer was staying after being released from prison on November 16 following the bail granted by the High Court on November 8 in the first case of sexual assault.
Meanwhile, the seer’s advocates moved the High Court around 1.30 p.m. complaining that NBW was issued in violation of the High Court’s two orders and sought urgent hearing on the plea. The court agreed to take up the pleas at 4.45 p.m.
By the time the High Court took up the pleas for hearing, the police had arrested the seer and produced him before the Chitradurga special court. The special court too remanded him to 14-day judicial custody, and the seer was taken to Chitradurga prison.
Justice Suraj Govindaraj, before whom the seer’s pleas came up for hearing, found fault with the SPP’s action for seeking NBW against the seer when the High Court, in its order of granting bail in the first case, had directed the seer not to enter Chitradurga district and appear before the special court only through videoconference for the proceedings of the case.
The High Court questioned how the SPP can complain that the seer was not physically present for the proceedings in the second case by claiming that the order for not entering Chitradurga was applicable only for first case and not for the second case.
Moreover, the High Court pointed out that it had issued interim direction to the special court way on June 19, 2023, to defer the proceedings against the seer in both the cases on the petitions challenging the legality of registration of the cases. Also, the High Court noted that this interim direction given to the special court was in force till the disposal of the petition, order on which has been reserved by the High Court on October 6, 2023, after completion of the arguments.
“The question of the seer appearing in those matters before the special court on any date given would not arise since no orders can be passed in the matters,” Justice Govindaraj observed while directing the special court to comply with the direction given by the High Court on deferring the proceedings.
