Even If Child In Conflict With Law Is To Be Tried As Adult, His Bail Application Will Be Considered U/S 12 JJ Act And Not CrPC: Karnataka HC

The Karnataka High Court ruled that even if a child in conflict with the law is ordered to be tried as an adult, their bail application must be considered under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and not under the Code of Criminal Procedure. The court emphasized that Section 12 of the JJ Act mandates the release of a child on bail unless there are reasonable grounds to believe that their release would bring them into association with known criminals, expose them to danger, or defeat the ends of justice. The court allowed the bail petition of a minor accused of sexually assaulting his sister, noting that the victim and her parents had no objections to his release. The court’s decision underscores the importance of considering the special provisions of the JJ Act in bail applications for juveniles.