Case Note & Summary
The petitioner, Sri Suresh N, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in S.C. No. 104/2019 pending before the II Additional Sessions Judge, Kolar, for offences punishable under Sections 363 and 376 of the Indian Penal Code, 1860, and Section 4 of the Protection of Children from Sexual Offences Act, 2012. This was the petitioner's third successive bail application, as his earlier applications under Section 438 and Section 439 Cr.P.C. had been rejected on merits by the same court. The petitioner argued that due to the COVID-19 pandemic, there was no likelihood of the trial being taken up soon, causing enormous delay. He also submitted that his father was a paralytic patient and he was the sole earning member of his family, and that his presence was required for agricultural activities during the sowing season. The respondent, represented by the High Court Government Pleader, opposed the bail application. The court, after hearing both sides, observed that since the earlier bail applications were rejected on merits, it need not discuss the facts of the case and only needed to consider whether there was any change in circumstances. The court found that the grounds urged by the petitioner, namely the COVID-19 situation and family hardship, did not constitute a change in circumstances sufficient to grant bail. Accordingly, the court dismissed the criminal petition.
Headnote
A) Criminal Procedure Code - Successive Bail Applications - Change in Circumstances - The court held that while considering successive bail applications, the court need not go into the merits of the case but must consider whether there is any change in circumstances since the rejection of earlier applications. - Code of Criminal Procedure, 1973, Section 439 - The petitioner's third successive bail application was dismissed as the grounds of COVID-19 delay and family hardship did not constitute a change in circumstances warranting bail. (Paras 2-4)
Issue of Consideration
Whether the petitioner has made out a case for grant of bail in his third successive bail application under Section 439 Cr.P.C. for offences under Sections 363, 376 IPC and Section 4 POCSO Act, based on alleged change in circumstances.
Final Decision
The criminal petition is dismissed.
Law Points
- Successive bail applications require change in circumstances
- COVID-19 pandemic not a ground for bail in serious offences
- family hardship not a sufficient change in circumstance
