'Trial At Fag End, Certain Answers Elicited': Karnataka HC Refuses Bail To Rape Accused On Ground That Complainant & Victim Turned Hostile

The petitioner is facing trial for offences under Sections 376(2)(J)(L), 363, 323 and 504 of IPC. The High Court had, vide an earlier order dated March 30, refused bail with liberty to the petitioner to file a fresh petition before the Sessions Court if the trial does not conclude within a period of six months.

In his successive bail application, the petitioner contended that material witnesses examined before the Trial Court including the complainant and the victim have turned hostile and therefore, further detention would amount to pre-trial conviction. Further, it was said that even after six months from the date of High Court order, the trial is not concluded.

The prosecution opposed the plea saying that trial is at the fag end and therefore, at this stage, if the petitioner is released on bail, he may flee from the justice in view of the nature of allegations made against him.

Findings:

The bench on going through the record said, "It is no doubt true that the above mentioned witnesses (victim and complainant) have been treated hostile by the prosecution. However, the victim girl was cross-examined by the prosecution and certain answers are elicited from her. Therefore, it is not appropriate for this Court to observe anything on the merits of the case."

It added, "The learned counsel appearing for the State has said that only four witnesses are remaining to be examined. When the trial is at the fag end, it may not be proper to enlarge the petitioner on bail."

Accordingly it dismissed the petition.

Case Title: SURESH S/O VIRUPAKSHAPPA DAMBAL v. THE STATE

Case No: CRIMINAL PETITION No.102858/2022

Citation: 2022 LiveLaw (Kar) 486

Date of Order: 07TH DAY OF NOVEMBER 2022

Appearance: H.N.GULARADDI, ADVOCATE for petitioner; M.H.PATIL, AGA for respondent.