The Karnataka High Court on Thursday declined to consider the bail application of an accused after learning that he was allegedly found carrying a liquor bottle inside the trial court premises [Shivakumara @ Shivu @ Rx Shivu v. State of Karnataka].
A vacation bench of Justice KV Aravind observed that the accused was seen on CCTV footage carrying the liquor bottle.
“On the date of hearing, petitioner was present in the court premises with a liquor bottle. It is noticed in the CCTV. It is not an allegation; the video is seen by the presiding officer,” the Bench observed during the hearing.
Justice Aravind further noted that despite being present in the court premises, the accused failed to appear when the case was called out and also remained absent on the next hearing date.
“Petitioner goes to court with liquor bottle, but is not able to appear when his case is called out? If that is the case, what can be done? That is why his bail is cancelled by the trial court."
In a sarcastic observation, the Court said that in future, he should be appear in court with a liquor bottle.
“Let him be there in jail for some more time, he will come out of that addiction. We will consider after one month. Let him be there for one more month, nothing will happen. If some private person had made the allegation, it could have been viewed differently. This video is seen and recorded by the presiding officer.”
Counsel appearing for the petitioner argued that before cancellation of bail, the trial court ought to have issued notice and provided an opportunity of hearing to the accused.
It was also contended that if any offence was committed, a separate criminal case could have been registered in accordance with law. The counsel submitted that the petitioner is a farmer and has already spent one month in custody.
During the hearing, the petitioner’s counsel questioned how it could be determined through CCTV footage that the petitioner was consuming liquor.
In response, the Bench asked whether the accused could be kept in jail till completion of trial merely after investigation. The counsel answered in the negative. The judge then orally remarked that the accused should have behaved properly.
“As an officer of the court, you should not encourage this. Defend it, it is your profession. There should be some seriousness also about the court.”
The case is scheduled next for the first week of July.
The petitioner, 27-year-old Shivakumara alias Shivu alias RX Shivu, is accused of attempted murder. His bail was cancelled by the trial court for allegedly remaining absent during hearings and bringing a liquor bottle into the court premises.