Ensure victims of sexual offences are effectively notified before hearing bail pleas of accused: Karnataka High Court directs trial courts

The registry of the trial courts should inform the accused or the advocate of the accused that the victim should be apprised about the filing of plea either for anticipatory bail or bail in sexual offence cases, said the High Court of Karnataka.

Also, the trial courts should take necessary steps for the effective service of notice of the bail application on the informant/victim. It should also direct the prosecution to ensure service of notice of the application for bail or anticipatory bail on the informant/victim and submit requisite acknowledgment, the High Court said.

Bail cancelled

Justice S. Vishwajith Shetty issued the directions while cancelling the bail granted by a trial court in Mandya to a 35-year-old warden, who is attached to the Social Welfare Department, without hearing the 21-year-old victim, who was the complainant.

The victim had questioned granting of bail to the accused without hearing her and the High Court directed the trial court to hear the plea afresh while directing the accused to surrender before the trial court.

It shall also be incumbent on the trial courts and the prosecution to keep the informant/victim informed about the date of hearing of the bail application, the right to be represented and the entitlement for legal assistance through the State Legal Services Authority, the High Court said.

The High Court also said that if the prosecution is not in a position to trace the informant/victim, a status report should be filed giving reasons for the same, which should be taken into consideration by the court concerned and necessary orders passed.

In the event of the informant/victim not appearing before the court, despite service of notice, the High Court said, the concerned court shall proceed to consider the bail application on its merits.

The trial courts should take steps to hear informants/victims as it is not mandatory for the accused to implead the victims in bail pleas, the High Court pointed out.

The High Court issued the directions as Section 439(1A) of the Code of Criminal Procedure mandates that accused facing trial under the provisions of sub-section (3) of Section 376, 376-AB, 376-DA or 376DB of Indian Penal Code and the provisions of the Prevention of Children from Sexual Offences Act is mandatory. The Supreme Court and High Courts have already held that it is the duty of the courts to hear the victims or informants in such cases.