Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code.

A single judge bench of Justice V Srishananda had earlier called for an explanation for the delay in concluding the proceedings while hearing a successive bail application filed by the accused. Notably, although the Trial Court had been directed to dispose of the case within 31st January 2023, it was contended that the Trial itself had not commenced.

On this occasion, upon perusing the explanations and evidence presented by the trial court judge, the Bench found that the trial court requested a further three-month extension to conclude the trial. 

The Bench noted, "The earlier bail application was permitted to be withdrawn at the request of the counsel for the petitioner. Taking note of the gravity of the offence alleged against the accused/petitioner which is punishable under Section 498A and 306 of the Indian Penal Code, this Court did not exercise its discretionary power in granting the bail and at that juncture, the petitioner withdrew the bail petition. However, there was a direction to dispose of the Sessions Case within the prescribed time i.e., 31st January 2023, it was contended that the Trial itself had not commenced."

Noting that in the case on hand, the deceased had purportedly committed suicide in her matrimonial home, the Court observed that the material on record also depicts that the petitioner had immediately carried his wife to the hospital and she died in the hospital.

Accordingly, in rejecting the request for bail by the petitioner, the court held that “It is just and necessary for this Court to direct the Trial Court to conclude the Trial positively, on or before 31st January 2024. If there is no disposal of the Sessions case, petitioner is at liberty to renew his request for grant of bail.” 

Appearance: Advocate Abhinay Y T for Petitioner.

HCGP Anitha N Girish for Respondent.

Citation No: 2023 LiveLaw (Kar) 464

Case Title: Chikkagundappa And State of Karnataka

Case No: CRIMINAL PETITION No.7657 OF 2023

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