High Court Intervenes: Conditional Liberty Granted to POCSO Accused After Warrant Recall

In a significant move balancing the interests of justice with procedural discipline, the High Court of Karnataka has intervened to recall non-bailable warrants (NBWs) issued against four petitioners involved in a high-stakes POCSO and IPC trial. The court’s decision offers a path toward resuming stalled proceedings while ensuring the petitioners are held accountable for their previous absences.

Background of the Case

The case stems from Spl.C.C.No.839/2021 , where the petitioners—Sunil Kumar, Kalyani, Anil Kumar, and Mayappa—are facing charges under Sections 363 and 376 of the Indian Penal Code (IPC), as well as provisions under the POCSO Act and the Prohibition of Child Marriage Act.

Although previously enlarged on bail, the petitioners failed to attend multiple trial hearings. Their persistent absence during the trial stage, without filing applications for dispensation, prompted the Trial Court to issue a series of non-bailable warrants. Following their eventual arrest and remand to judicial custody, the Trial Court rejected two subsequent applications for relief: one under Section 70(2) of the Cr.P.C. to recall warrants, and another under Section 439 of the Cr.P.C. for bail, citing the precedent established in Crl.P.No.4488/2016 .

The Battle for Attendance

Counsel for the petitioners argued that the failure to appear was due to circumstances beyond their control. They provided an undertaking to the High Court that they would henceforth attend every scheduled date of hearing without fail to ensure the trial moves forward smoothly.

Conversely, the State, represented by the High Court Government Pleader, underscored that the petitioners’ habitual absenteeism had effectively crippled the trial process, preventing the prosecution from examining key witnesses. The State urged the court to maintain strict control to avoid further obstruction of the legal process.

Legal Analysis: Equity vs. Efficiency

Justice R. Nataraj, presiding over the matter, observed that while trial discipline is non-negotiable, the primary objective is to adjudicate the case merits rather than indefinitely incarcerate individuals who had already been granted bail.

The court clarified that it would be "inequitable to keep them behind bars in the garb of executing the NBWs" if the petitioners were willing to offer legitimate guarantees of future participation. However, acknowledging the harm caused by delays, the court imposed a punitive condition: each petitioner is required to pay costs of Rs. 5,000, payable to the witnesses whose examination was hampered by their absence.

Key Observations

The judgment highlighted the necessity of balancing rights with judicial efficiency:

• "It would be too inequitable to keep them behind bars in the garb of executing the NBWs issued against them."
• "Now that the petitioners have appeared before the Court and have undertaken that they will appear on all dates of hearing... it would be appropriate to direct the release of the petitioners."
• "This cannot be without any condition, as the trial in the case is hampered and the attempts made by the prosecution to examine the witnesses have been spurned."
• "In the event, the petitioners fail to appear before the Court on all dates of hearing, the Trial Court is directed to proceed in accordance with law."

Final Decision

The High Court set aside the impugned order dated May 21, 2026, and officially recalled the warrants issued against the petitioners. The order serves as a stern reminder that while the court provides an opportunity to rectify procedural defaults, future non-compliance will trigger immediate legal repercussions according to the law. The petitioners are now back under the court’s trial supervision, with the clear instruction that their liberty remains contingent on strict adherence to the hearing schedule.