Bombay High Court Orders Immediate Release of Teen in Pune Porsche Accident Case

Engineers Ashwini Kostha and Aneesh Awadhiya died instantly when their bike was struck by a speeding Porsche.

In a recent ruling, the Bombay High Court mandated the immediate release of the teenager accused in the Pune Porsche accident case. The incident, which occurred on May 19, involved a high-speed crash that resulted in the deaths of two 24-year-old engineers, Ashwini Kostha and Aneesh Awadhiya, and ignited widespread outrage across the nation.

The court, led by Justice Bharati Dangre and Justice Manjusha Deshpande, emphasized the importance of adhering to the Juvenile Justice Act, which requires treating minors in conflict with the law differently from adults, regardless of the crime's severity. They stated that the Juvenile Justice Board's decision to place the teenager in an observation home was illegal and beyond their jurisdiction. The court highlighted the primary objective of rehabilitation, noting the teenager's ongoing psychological sessions.

The decision came in response to a habeas corpus petition filed by the boy’s aunt, seeking his release from a government observation home. With his parents and grandfather arrested for attempting a cover-up, the teen will now be under his aunt’s care.

Prashant Patil, the lawyer representing the aunt, argued that under Section 12 of the Juvenile Justice Act, a child in conflict with the law cannot be detained in the manner the teen was. He maintained that the case was straightforward and legally grounded.

 

The accident occurred late on May 19 when the speeding Porsche, driven by the intoxicated teen, collided with the bike carrying the engineers, killing them instantly. Eyewitnesses reported that the teen, accompanied by two friends, had been drinking heavily, as confirmed by CCTV footage from a pub they visited prior to the crash. After the accident, the teen was assaulted by bystanders and handed over to the police.

Despite the gravity of the incident, the teen, son of a prominent Pune realtor, was released on bail within 15 hours. The initial bail conditions, deemed lenient by the public, included writing a 300-word essay on accidents, working with traffic police for 15 days, and seeking counseling for alcohol use. Public backlash led the Juvenile Justice Board to modify the order, resulting in the teen's placement in an observation home.

Investigations revealed the family's attempts to cover up the incident, including switching blood samples and threatening their driver to take the blame. This led to the arrests of the teen's parents and grandfather.

Earlier this month, the teen's paternal aunt challenged the detention in the Bombay High Court, arguing it violated the Juvenile Justice (Care and Protection of Children) Act, 2015. The high court acknowledged the tragic loss of two lives but also noted the trauma experienced by the minor. It questioned the juvenile justice board's authority to modify the bail order without a higher court's intervention and criticized the remand process as unjust.

The court's final decision underscored the need for lawful and responsible handling of juveniles in conflict with the law, ensuring their rights and rehabilitation are prioritized.