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Karnataka high court orders release of Mutt seer hours after re-arrest
The Karnataka High Court has granted a stay on the arrest warrant against seer Shivamurthy Murugha Sharanaru, who was arrested in connection with a POCSO case.
The Karnataka high court on Monday granted a stay on the arrest warrant against Chitradurga Murugha Mutt seer Shivamurthy Murugha Sharanaru, paving the way for his release hours after his arrest in connection with a Protection of Children from Sexual Offences (Pocso) case.
A bench of Justice Suraj Govindaraj granted a stay on the warrant, citing unfair treatment by the Chitradurga district court’s order against the seer.
Sharanaru was released from the prison on Monday evening.
Sharanaru, a former pontiff of Sri Jagadguru Murugarajendra (SJM) Mutt, was re-arrested on Monday morning in connection with a second Pocso case. Acting on a warrant from the second additional district and sessions court, Murugha Sharanaru was apprehended by the Chitradurga Rural police at Virakta Mutt in Davangere.
The legal saga took a turn when the second additional sessions court issued a non-bailable warrant (NBW), setting a deadline for the police to arrest Sharanaru and present him before the court by Tuesday. Upon being brought before the court by police, judge BK Komala ordered that the seer be remand to a judicial custody for 14 days.
Pointing out that the prosecutor sought a warrant from the district court despite the high court’s directive, which resulted in Sharanaru’s arrest and subsequent judicial custody, the seer’s advocate challenged this before the bench of justice Suraj Govindaraj in the evening.
The high court was informed that the Special Public Prosecutor (SPP) had filed a memo before the trial court seeking a NBW against the seer.
The memo stated that there was no high court order allowing him to appear through video conferencing.
“You can’t misinterpret the order of this court just because it is a sensational case,’’ justice Govindaraj said while setting aside the NBW and directing the seer’s release. “It is rather surprising that the SPP is not aware of the order dated 8-11-23 of this court. This court has categorically ordered accused number one [seer] not to enter Chitradurga and attend court hearings by video conferencing.’’
The orders passed by the trial court are contrary to the orders passed by this court, the judge said. “I am of the considered opinion that this court has to exercise its inherent powers to render effective justice,” justice Govindaraj said.
“The above-recited facts and the manner in which the orders have been passed would indicate that a gross injustice has been caused to the petitioner in violation of the order passed by this court,’’ the high court said, while staying the NBW issued by the trial court earlier in the day.
“Consequently, the NBW issued and the arrest made, which is contrary to the orders of this court,’’ it said and directed the prison authorities of Chitradurga district to forthwith “release the petitioner.’’
Meanwhile, defence advocate M Umesh criticised the prosecutor’s objections to a virtual appearance, stating that the high court order was unjustly ignored by the district court. “The public prosecutor’s objections to a virtual appearance were unjust, and the high court order was not considered by the district court. The high court clarified that the law must be applied uniformly, irrespective of the accused’s identity,” Umesh told HT.
He said Murugha Sharanaru would be released from prison on Tuesday.
(With PTI inputs)
