ORDER :

This Writ Petition is filed to declare the action of respondents in not releasing the petitioner Juvenile on bail in Crime No.175 of 2021 pending on the file of Chandrayanagutta Police Station, Hyderabad in the event of his arrest as illegal and contrary to Section - 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘JJ Act, 2015’).

2. Heard Mr. M.A. Mujeeb, learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of respondents - State.

3. The petitioner herein is sole accused in Crime No.175 of 2021. The offences alleged against him are under Section - 354 of IPC and Section - 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012.

4. As per the complaint, the allegations against the petitioner are that, on 10.04.2021 at around 8.15 p.m., when de facto complainant went out to purchase grocery, he entered into her house, started touching the private parts of her daughter and torn her kurti. The daughter of de facto complainant pushed the petitioner away in order to save herself, he beat her with fist blows. However, her daughter escaped from the petitioner and informed her over phone. When the de facto complainant came from the market, the petitioner along with his friends was standing outside her house and when she objected, he also started beating her with fist blows on her neck, head, chest and stomach and touched her inappropriately. Then, she cried for help, on which he threatened her with dire consequences.

5. On receipt of the said complaint dated 12.04.2021, P.S. Chandrayanagutta have registered a case in Crime No.175 of 2021 for the aforesaid offences.

6. The petitioner herein aged about 17 years claiming to be a juvenile, filed an application under Section - 438 of Cr.P.C. seeking anticipatory bail before the learned I Additional Metropolitan Sessions Judge, Nampally, Hyderabad, and the same was returned with the following objections:

“1) This petition is filed u/s.438 Cr.P.C. by the counsel for petitioner/accused for the offence u/s.354 IPC, 7 r/w 8 of POCSO Act in Cr.175/21 of PS. Chandrayanagutta. The petitioner is the mother of accused who’s aged about 17 yrs. (Minor). Hence representing her son.

2) As per the citation filed along with this petition, observed that though there is no provision in CrPC, for grant of anticipatory bail, but even the High Court has powers to grant anticipatory bail in writ jurisdiction in appropriate Courts.

Returned,

Sd/ 7/5”

7. Referring to the said objections, Mr. M.A. Mujeeb, learned counsel for the petitioner would submit that writ petition is maintainable as the JJ Act, 2015 is silent with regard to anticipatory bail. In support of his contention, he has placed reliance on the principle laid down in Kishan Kumar v. State of Haryana, CRR-725-2019 (O&M), decided on 08.01.2020.

8. On the other hand, Mr. S. Rama Mohan Rao, learned Assistant Government Pleader for Home, on instructions, would submit that the present writ petition filed by the petitioner, a juvenile, seeking anticipatory bail is not maintainable. There is no provision in the JJ Act, 2015 to grant anticipatory bail to a juvenile. According to him, the provisions of JJ Act, 2015 are very liberal in granting regular bail to a juvenile and, therefore, the petitioner has to avail remedy under Section - 12 of the JJ Act, 2015. Instead of doing so, the petitioner filed the present writ petition seeking anticipatory bail and, therefore, the same is not maintainable.

9. In view of the above rival submissions, the question that falls for consideration before this Court is:

Whether a juvenile can seek anticipatory bail, that too by way of writ petition?

10. To decide the aforesaid issue, according to this Court, it is relevant to refer to the aims and objects of the Juvenile Justice (Care and Protection of Children) Act, 2015, which is a Special Statute. Treatment of the child in a manner consistent with the promotion of the child's sen