BENGALURU: The Karnataka High Court on Monday refused to quash rape charges against Dr Shivamurthy Murugha Sharanaru, pontiff of Sri Jagadguru Murugharajendra Bruhanmath of Chitradurga, in connection with the sexual abuse of minor girls studying in schools run by the mutt.
The court said the accused pontiff will have to face trial for the offences as far as the order passed by the special court in Chitradurga, about charges under Section 376(2)(n) of the IPC for allegedly raping minor girls and under Sections 4 and 7 of the POCSO Act, 2012, for alleged sexual assault on minor girls, as these offences are sustainable.
The court, however, quashed charges framed against the pontiff under the provisions of the Religious Institutions (Prevention of Misuse) Act, 1988, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Juvenile Justice (Care and Protection of Children) Act, under Section 201 for destruction of evidence and 376DA IPC for allegedly committing gang-rape of minor girls, as these offences are not sustainable.
Justice M Nagaprasanna delivered the verdict while partly allowing petitions filed by Dr Shivamurthy Murugha Sharanaru, questioning the legality of the order passed by the special court in April 2023, framing charges against him under various provisions of law.
Observing that the special POCSO court cannot act as the ‘post-office’ of the prosecution, the high court said the special court had loosely laid charges against the pontiff under the provisions of Religious Institutions (Prevention of Misuse) Act, 1988, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Juvenile Justice (Care and Protection of Children) Act and under Sections 201 and 376DA of the IPC. In view of this, the special court should proceed further in the matter after redrawing the charges by considering the offences which are declared unsustainable and sustainable, the high court ordered.
Murugha Sharanaru was represented by advocate K B K Swamy and argued by senior counsel C V Nagesh.