Karnataka HC Criticizes Bail Decision in POCSO Allegations Against Swamiji
The Karnataka High Court on Tuesday expressed severe disapproval regarding the anticipatory bail granted to Vachanananda Swamiji, known as the Jagadguru of the Veerashaiva Lingayatha Panchamasali Peetha. In a case involving allegations under the Protection of Children from Sexual Offences (POCSO) Act, the court indicated its intention to annul the bail.
Justice M Nagaprasanna remarked, “You have not left the boys! The minor girls are not safer, minor boys also not safer.” The judge stated that the anticipatory bail granted by the trial court would be revoked, allowing the Swamiji to apply for regular bail.
“I will cancel; I will set aside this order. This bail could not have been granted. I will reserve liberty for regular bail,” Justice Nagaprasanna asserted.
Concerns Over Bail Granting Process
The court further clarified that the mere filing of a chargesheet does not automatically lead to the cancellation of anticipatory bail. However, it emphasized that the procedure in which the bail was granted necessitated judicial intervention.
“Just because a charge sheet is filed, anticipatory bail will not go. But the manner in which it is granted, I will set it aside. I will reserve liberty to secure bail… This anticipatory bail cannot remain, there can be no two thoughts about it… Such anticipatory bails cannot be granted at all,” the court stated emphatically. The allegations of sodomy were also mentioned, with the court expressing disbelief at the bail’s issuance under such circumstances.
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Limited Protection for Swamiji
During the proceedings, the court acknowledged that the Swamiji was currently benefiting from anticipatory bail. As a result, it considered allowing some protection for a limited period to enable him to seek regular bail.
“The only thing is, since he has the benefit of anticipatory bail, right or wrong, 10 or 15 days, I will grant, let him seek regular bail,” Justice Nagaprasanna mentioned.
Addition of New Complaints
Further, the court was informed of another complaint against the Swamiji. However, it chose not to delve into it, stating, “How can I enter into it? I will be doing the same thing that the court (below) has done.”
The counsel representing the respondent argued that the chargesheet had already been filed and requested a copy of the petition to provide objections. He suggested that the allegations were a result of internal disputes among the trustees of the mutt and noted that the Swamiji had been ousted from the institution.
“Prior to filing this petition they (trustees) held a press meet and stated that they were going to file a complaint against the respondent. That was the apprehension,” he submitted.
Background of the Allegations
According to the Swamiji’s plea, the Veerashaiva Lingayatha Panchamasali Peetha was established in 2008. Following the death of Dr. Mahanta Shivacharya Swamiji in 2012, administrative disputes emerged. Swamiji alleged that his actions to highlight financial mismanagement by trustees led to hostility and attempts to remove him from the Peetha. He also accused the trustees of planning to file POCSO complaints against him by influencing the parents of children at the mutt.
On May 7, a complaint was lodged by the mother of an alleged victim at Lakshmeshwar Police Station in Gadag district, resulting in a zero FIR under Sections 8 and 12 of the POCSO Act, and Sections 323 and 506 of the Indian Penal Code. The case was later transferred to Harihar Rural Police Station. The complaint alleged sexual abuse of the complainant’s son and other children by Swamiji, including incidents between 2021 and 2024 where children at the mutt were reportedly subjected to abuse.
