Victim has to be heard before accused is granted bail: HC

Bengaluru, NT Bureau: It is the right of the victim to be heard in the matter before the accused is granted bail, the High Court of Karnataka has said setting aside the bail granted to a government servant accused in a POCSO and Rape case.

The HC said that it is also the mandate of the law under the Criminal Procedure Code which the trial court had failed to appreciate before granting bail.

“Undisputedly regular bail has been granted by the Trial Court without complying with the requirement of Section 439(1A) of Cr.PC, and thereby the mandate of the legislature as well as the unbridled right to be heard in the matter by the informant/ victim has been denied, and consequently, the order granting bail cannot be sustained in law,” Justice S Vishwajith Shetty said in his recent judgement.

The informant/victim who is now 21 years of age had approached the HC with a criminal petition challenging the bail granted to the accused on December 30, 2022 by a Fast Track Court.

The victim had complained that when she was in 9th standard in 2014, she got acquainted with the accused who was a warden in the Social Welfare Department. He allegedly sexually assaulted her and later promised to marry and her.

She became pregnant out of wedlock in 2020 and the accused caused her miscarriage. An engagement ceremony was also held after the parents of the victim got to know of the situation.

After the engagement, the accused refused to marry her. This led the girl to file a complaint with the police. The accused was charged under the Protection of Children from Sexual Offences (POCSO)_Act and various Sections of the IPC including rape.

The victim challenged the regular bail granted to the accused by the trial court before the HC. The HC noted that the victim was not even informed of the bail application filed by the accused.

“In the present case, undisputedly the informant/victim was not notified about the bail application filed by respondent no.2 under Section 439 Cr.PC, and therefore, there is factually a denial of the right to the informant/ victim to participate in the proceedings which is recognized under Section 439(1A) of Cr.PC,” the HC said.

Directing the accused and the victim to appear before the Trial Court for the lower court to hear the bail application afresh, the HC said, “I am of the view that if both the parties are directed to appear before the Trial Court for the purpose of hearing the regular bail application filed by respondent no.2 afresh and if the Trial Court is directed to dispose of the bail application on its merits, within a time frame, the same would serve the ends of justice. " (CrLP 3701/2023)