Summary
An accused in a CBI illegal-mining case was granted bail by this Court in 2015 on condition that he stay out of Bellary in Karnataka and Ananthapuram and Cuddapah in Andhra Pradesh, where most witnesses lived. He sought deletion of the condition after years of compliance. The Court refused. The CBI's fear of witness influence was serious and had earlier proved true, including attempts on judicial officers. Eleven years after the FIR, trial had not begun because of successive discharge applications. The Court directed a day-to-day trial from 09.11.2022, to finish within six months, with the local witnesses examined first. The accused could stay in Bellary until 06.11.2022 and then had to remain out of the three districts until the trial ended.
Issues
- Whether a bail condition barring the accused from entering the districts where most prosecution witnesses lived should be deleted or relaxed after about seven years of compliance.
- What directions were needed where trial had not begun more than a decade after the FIR because of repeated discharge applications.
Provisions considered
- Section 439 (bail conditions), Code of Criminal Procedure, 1973Conditions imposed while granting bail to protect witnesses can be kept where there is a real, substantiated apprehension of tampering, despite the accused's compliance and the passage of time. (¶¶ 2, 13, 14)
- Sections 120B, 379, 409, 420, 468 and others, Indian Penal Code, 1860The gravity of the alleged offences, investigated by the CBI as part of an illegal mining case, together with the accused's influence, weighed against relaxing the territorial condition. (¶¶ 2, 13)
Held
- Most witnesses came from the three districts. The CBI's apprehension of witness influence was serious and had earlier been borne out, including attempts to influence judicial officers. Given the accused's power and influence, the condition barring entry to those districts was not to be relaxed. (¶¶ 8, 13)
- Eleven years after the FIR, despite earlier directions to expedite, trial had not begun because the accused persons kept filing discharge applications. Delay increases the risk of influencing witnesses, so attempts to delay trials of serious offences must be dealt with firmly. (¶ 13)
- The Special Court was directed to hold the trial day to day from 09.11.2022 and finish within six months, examining the witnesses from the three districts first. The accused were to cooperate, and any attempt to delay would be viewed seriously. (¶ 14)
- The applicant was allowed to stay in Bellary until 06.11.2022 to be with his daughter after childbirth, but had to leave and remain outside the three districts from 07.11.2022 until the trial ended. (¶¶ 10, 11, 14)
Result
Application for modification of the bail condition disposed of and dismissed. A day-to-day trial was directed from 09.11.2022, to be concluded within six months, and the applicant was permitted to stay in Bellary only until 06.11.2022.