Karnataka HC Demands Explanation from Trial Court Judge for Failing to Comply with HC Directives

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Published on: December 07, 2023 at 17:08 IST

The Karnataka High Court has demanded an explanation from the Trial Court for not adhering to its directive to resolve a criminal case against a man accused of causing the death of his wife under Sections 498A and 306 of the Indian Penal Code.

Justice V Srishananda, presiding over a single-judge bench, had previously sought an explanation for the delay in concluding the proceedings while considering a successive bail application filed by the accused.

Despite the High Court’s instruction to dispose of the case by January 31, 2023, it was asserted that the trial had not yet commenced.

Upon reviewing the explanations and evidence provided by the trial court judge, the Bench observed that the trial court sought an additional three-month extension to complete the trial.

The Bench remarked, “The earlier bail application was permitted to be withdrawn at the request of the counsel for the petitioner. Recognizing the gravity of the alleged offense, punishable under Sections 498A and 306 of the Indian Penal Code, this Court refrained from granting bail. However, with a directive to conclude the Sessions Case by the stipulated time, i.e., January 31, 2023, it was contended that the trial itself had not commenced.”

Highlighting the circumstances of the case where the deceased allegedly committed suicide in her matrimonial home, the court noted that the material on record indicated the petitioner had promptly taken his wife to the hospital, where she subsequently passed away.

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

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