The Supreme Court rejected the bail petition of the seer of Chitradurga Muruga Mutt in a case related to the Protection of Children from Sexual Offenses (POCSO) Act. The decision came after two minor girls filed a complaint alleging sexual harassment at the mutt. According to the complaint, the girls claimed they were sent to clean the seer’s private room, where they were allegedly given chocolates or apples laced with drugs, leading to abuse when they lost consciousness.
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NEW DELHI: On Tuesday (April 23): The Supreme Court rejected the bail plea of Shivamurthy Sharana, popularly known as the Muruga seer of Chitradurga, in a case involving the sexual assault of two minor girls. The apex court deemed it necessary to examine witnesses with the defendant in judicial custody, considering the gravity of the charges against him. This decision comes after the High Court had earlier granted conditional bail to the accused, raising concerns about the potential tampering or destruction of crucial evidence.
A bench comprising justices Prashant Kumar Mishra and Vikram Nath heard the petition and made a landmark decision. The Supreme Court cancelled the bail granted by the High Court and ordered Shivamurthy Sharana to be taken into judicial custody for a period of four months.
The court further stipulated that if the investigations are not concluded within this timeframe, the judicial custody can be extended for an additional two months.
Senior advocate Sidharth Luthra, representing the plaintiff, submitted before a bench led by Justice Vikram Nath that his client will surrender and the apex court can keep the High Court’s order in abeyance till the examination of witnesses is over. The bench kept the High Court in abeyance for four months and also ordered the pontiff to cooperate during the trial and not seek any adjournment except in exceptional circumstances.
Advocate Aparna Bhat, representing the victim’s father, challenged the correctness of the High Court’s order as the victims were minor girls. The bench, also comprising Justice Prashant Kumar Mishra said that while the respondent is in judicial custody it would be appropriate for the examination of the witnesses. The bench observed that a charge sheet was filed in the case for various offences under IPC, POCSO and other laws.
It was argued before the court that against the backdrop of allegations of sexual assault of minors, the pontiff cannot be allowed to continue as administrator of mutt. Another petitioner H Ekanthaiah in the matter was represented by senior advocate PB Suresh, advocates Sughosh Subramanyam and Chaitanya. The counsel said three petitions have been filed seeking the removal of the accused pontiff from mutt administration, cancellation of bail and appeal against an order quashing a cross FIR by the pontiff.
Background:
On August 26, 2022, two minor girls lodged a complaint at the Nazarabad police station in Mysuru, alleging sexual harassment at the Lingayat mutt of Chitradurga in Karnataka. The case was later transferred to Chitradurga, where the police initiated an investigation. Subsequently, an FIR was registered against five individuals: Shivamurthy Murugha Sharanaru, Rashmi (warden of Muruga mutt), Paramashivaiah (secretary of the mutt), a junior pontiff, and Gangadariah (an advocate of the mutt).
According to the complaint, the minor girls claimed that they were sent to clean Sharanaru’s private room, where the accused allegedly provided them with chocolate or an apple laced with drugs. Upon consuming these items and losing consciousness, the seer would purportedly abuse them.
Shivamurthy Murugha Sharanaru was arrested on September 1, 2022, under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
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The petition filed by former MLA H Ekantaiah, urging the Supreme Court to demand the accused’s resignation from the administration of SJM educational institutions and to revoke the granted bail.
The bench comprising justices Prashant Kumar Mishra and Vikram Nath based their decision on the importance of examining witnesses while the defendant is in judicial custody. They highlighted the serious nature of the charges filed against the accused, which include various offences under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. By placing Shivamurthy Sharana in judicial custody, the court aims to facilitate an impartial investigation and strengthen the prosecution’s case.
