The Karnataka High Court has annulled the anticipatory bail previously granted to Vachanananda Swamiji, the Jagadguru of the Panchamasali Peetha in Harihar, amidst allegations under the Protection of Children from Sexual Offences (POCSO) Act. This decision came as Justice M Nagaprasanna responded to a petition presented by the victim challenging the earlier bail decision.
Grounds for Revocation of Bail
Justice Nagaprasanna highlighted the procedural concerns regarding the pre-arrest bail grant, emphasizing that it was awarded a week prior to the official filing of the complaint. The Court expressed concern over this procedural anomaly, which led to the revocation of the bail order. The offenses in question are severe, involving Sections 4, 6, 8, 10, and 12 of the POCSO Act.
The judge clarified that the submission of a charge sheet alone does not nullify an anticipatory bail order. However, due to the procedural issues, the Court found it necessary to revoke the bail, allowing the petitioner the option to pursue regular bail through the appropriate legal channels.
Protection and Legal Path Forward
Despite revoking the anticipatory bail, the Court granted Vachanananda Swamiji a three-week protection from arrest. This period is intended to give him the opportunity to apply for regular bail in a competent court. Justice Nagaprasanna emphasized the need for the victim’s voice to be heard, noting the absence of such consideration in the initial bail proceedings as a further reason to overturn the bail.
During the hearing, the victim’s counsel pointed out that a “pre-FIR anticipatory blanket order” had been issued even before the case was officially registered. Meanwhile, Swamiji’s legal representative requested a four-week extension to seek regular bail, but the Court insisted on the three-week timeframe.
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Context and Background
The original anticipatory bail had been granted by a special court in Davanagere on May 2. This decision took into account social media statements by a trustee of the mutt, suggesting that the allegations were part of an administrative power struggle within the Peetha. Swamiji’s plea highlighted internal conflicts following the death of Dr. Mahanta Shivacharya Swamiji in 2012, which allegedly led to financial allegations and efforts to oust him from his position.
Swamiji further alleged that trustees had conspired to fabricate a POCSO case against him by encouraging complaints from parents of children residing at the mutt. He also claimed that his role in the Panchamasali reservation movement had incited political adversaries.
