Allowed

Santosh S/O Kumar Alias Raju Koppad v. the State of Karnataka

Karnataka HC27 Jan 2026CRL.RP/100350/2025

Case brief

AI extract

What is this about?

A revision petition challenged the Juvenile Justice Board's order transferring a child in conflict with law to the Children's Court under Section 18(3) of the JJ Act in a POCSO/IPC rape case. On the Principal District Judge's report finding the psychiatrist's assessment casual and unlawful, the High Court set aside the transfer order and remitted for fresh assessment.

What did the court decide?

Impugned JJ Board order dated 21.04.2022 set aside; matter remitted for fresh assessment of CCL's physical and mental capacity.

Santosh S/O Kumar Alias Raju Koppad Vs the… — Child Sexual Offences (POCSO) | Karnataka HC (2026)

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NC: 2026:KHC-D:937 CRL.RP No. 100350 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

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DATED THIS THE 27^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL REVISION PETITION NO. 100350 OF 2025

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(397(CR.PC)/438(BNSS)-)

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BETWEEN:

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SANTOSH S/O KUMAR @ RAJU KOPPAD AGE 21 YEARS, OCC. STUDENT R/O. HALAGERI VILLAGE, BADAMI TALUKA, DIST. BAGALKOTE 587201.

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…PETITIONER

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(BY SRI. M.S. HIREMATH, ADVOCATE FOR SRI. RAJA RAGHAVENDRA NAIK, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH KERUR P.S BAGALKOTE DISTRICT R/BY ITS STATE PUBLIC PROSEUCTOR HIGH COURT OF KARNATAKA BENCH AT DHARWAD 580022.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

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VIJAYLAKSHMI W/O KUMAR KHAJJIDONI AGE. 39 YEARS, OCC. HOUSE WIFE, R/O. HALAGERI VILLAGE, BADAMI TALUKA, DIST. BAGALKOTE.- 587201.

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…RESPONDENTS

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(BY SRI. JAIRAM SIDDI, HCGP FOR R1)

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THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W. 401 OF CR.P.C.,/SECTION 438 R/W 442 OF BNSS, PRAYING TO CALL FOR RECORDS ON THE FILE OF THE JUSTICE JUVENILE BOARD BAGALKOTE IN JC NO. 12/2021 IN SPL. CASE NO. 79/2022 IN KERUR P.S CRIME NO. 06/2021 P/U/SEC. 376, 376(1), 376(2)(N), 376(3), 506(2) OF IPC AND 3, 4, 6 AND 14 OF POCSO ACT-2012 PRESENTLY PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSION JUDGE/DESIGNATED CHILDRENS COURT BAGALKOTE AND PERUSE

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2 - NC: 2026:KHC-D:937 CRL.RP No. 100350 of 2025

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HC-KAR

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THE SAME AND SET ASIDE THE ORDER DATED 21.04.2022 PASSED BY THE JJ BOARD BAGALKOTE WITH RESPECT TO TRANSFERRING OF THE MATTER AGAINST TH CCL/REVISION PETITIONER TO THE CHILDREN S COURT UNDER SECTION 18(3) OF JJ ACT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Sri M.S. Hiremath, learned counsel

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appearing for Sri Raja Raghavendra Naik, learned counsel for the petitioner, and Sri Jairam Siddi, learned High Court Government Pleader for respondent No.1.

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In the case on hand, the following prayer is made:

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“WHEREFORE, the Revision Petitioner/Accused No.1 prays before this Hon'ble court be pleased in to call for records on the file of the Learned Justice Juvenile Board Bagalkote in JC No. 12/2021 in Spl. Case No. 79/2022 in Kerur P.S Crime No.06/2021 p/u/sec. 376, 376(1), 376(2)(N), 376(3), 506(2) of IPC and 3, 4, 6 and 14 of POCSO Act2012 presently pending before the Hon'ble Principal District And Session Judge/Designated Childrens Court Bagalkote and kindly peruse the same and be pleased to set aside the order dated 21.04.2022 passed by the Learned JJ Board

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3 - NC: 2026:KHC-D:937 CRL.RP No. 100350 of 2025

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HC-KAR

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Bagalkote with respect to transferring of the matter against the CCL/Revision Petitioner to the childrens court under Section 18(3) of J] Act in the interest of Justice.”

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Based on the rival contentions, this Court called for a report from the learned Principal District Judge. The learned Principal District Judge, after verifying the records, has submitted the report as under:

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“Therefore, in my opinion, on the basis of the testimony of CW-1/Psychiatrist who submitted the report as per Ex.C.2, and on appreciation of the report Ex.C.2, it has to be opined that the Psychiatrist of District hospital Bagalkot has submitted a report in a casual manner without following any protocol and without assessing the mental and physical capacity of the CCL and the acceptance of report by the J.J. Board is not in accordance with law.”

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Therefore, this Court is of the considered view that the order passed by the learned trial Magistrate requires to be set aside and a fresh assessment of the physical and mental capacity of the CCL (Child in Conflict with Law) is required to be conducted by following the prescribed procedure.

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4 - NC: 2026:KHC-D:937 CRL.RP No. 100350 of 2025

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HC-KAR

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Accordingly, a proper assessment report with

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regard to the physical and mental status of the petitioner shall be obtained by holding fresh enquiry. Therefore, a fresh order shall be passed in accordance with law.

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In view of the foregoing discussions, the following order is passed:

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ORDER

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i. The petition is allowed .

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ii. The impugned order passed by the learned trial Magistrate is set aside.

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iii. The matter is remitted to the learned Magistrate before the Juvenile Justice Board for conducting a fresh assessment of the physical and mental status of the petitioner and for passing an appropriate order in accordance with law.

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Ordered accordingly.

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Sd/(V.SRISHANANDA) JUDGE

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LIST NO.: 2 SL NO.: 10

Santosh S/O Kumar Alias Raju Koppad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Santosh S/O Kumar Alias Raju Koppad v. the State of Karnataka

Case brief

What is this about?

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