Karnataka High Court: A Single Judge bench of John Michael Cunha J., decided a criminal petition filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail due to appearance of fresh evidence on record.
The crux of the case being that, earlier a bail application filed by the petitioner was dismissed by the Court, subsequent to which a DNA report was produced by the Investigating Agency which mentioned the petitioner not to be the father of the victim’s male child. The petitioner, had further alleged the Investigating Agency to have deliberately not filed the report along with the charge sheet, as it was against the prosecution case.
The Court after perusal of all the records found that, the report should be a part of the charge sheet as it is a substantial evidence in favor of petitioner for grant of bail, and hence ordered the trial court to consider the bail application in light of fresh evidence i.e.; the DNA Report and observations made by the High Court and, further directed the trial court to pass appropriate orders keeping in mind the law enumerated in Section 35(2) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The petition was accordingly disposed of. [Santosh v. State of Karnataka, CRLNo. 2093 of 2018, dated 25-06-2018]