S. 91 CRPC | Accused Cannot Be Directed To Secure Documents Related To Case From Authorities Using RTI Act: Karnataka HC

A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by the pontiff of Murugha Mutt of Chitradurga, Dr Shivamurthy Muruga Sharanaru, who is accused of sexually abusing two minor girls staying in the hostels run by the Mutt.

The petitioner had challenged the order of the trial court rejecting his application seeking the summoning of certain documents related to the investigation in the case. The prosecution had opposed the plea saying the petitioner could have secured them by filing an application Under the Right to Information Act, 2005.

The bench said “The objection is taken note of by the concerned Court and the application comes to be rejected. The rejection of which is on the face of it illegal as that is not the purport of Section 91 of the Cr.P.C. that an accused should be driven for securing documents under the Right to Information Act when an application is filed under Section 91 of Cr.P.C.”

Allowing the petition the court directed the prosecution to place on record the documents that are sought by the petitioner at the appropriate stage in the trial.

Appearance: Advocate K B K Swamy for Petitioner.

Additional Special Public Prosecutor B N Jagadeesha for Respondents.

Citation No: 2025 LiveLaw (Kar) 64

Case Title: Dr Shivamurthy Muruga Sharanaru AND State of Karnataka

Case No: CRIMINAL PETITION NO. 1639 OF 2025.