A Trial Court in Ramanagara has issues a Non Bailable Warrant (NBW) against the self-styled Godman Nithyananda

By
Asif Iqbal
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A Trial Court in Ramanagara has issues a Non Bailable Warrant (NBW) against the self-styled Godman Nithyananda

The trial court in Ramanagara issued a non-bailable warrant (NBW) against the self-styled Godman Nithyananda and the bonds which were executed by him shall be forfeited. The order of III Additional District and Session Judge reads “That the personal bond executed by accused No.1 is hereby forfeited and office to issue NBW as against accused No.1 besides registering a separate case for recovery of the personal bond amount as against A1. In the meanwhile, post this matter on regular date i.e., on 04.03.2020”. The CID of Karnataka State had applied to the trial court in the wake of the order passed by the High Court which cancelled Nithyananda’s bail earlier this month. The prayer which was made by the CID was to issue NBW against Nithyananda to arrest him before the trial court. There is a suspect about him leaving the country by dodging the security agencies of the country and the case has been posted next in the lower Court on 4th March 2020. The High Court of Karnataka had directed that Nithyananda into custody and take steps to enforce the security bonds following the law. 

Earlier this week, the High Court of Karnataka had dismissed the petition which sought to transfer of the rape case against the self-styled Godman Nithyananda from Ramanagara District Court to Bangalore. The case was heard by the single Judge bench by The Chief Justice of Karnataka High Court B.A Patil and further commented on the attitude of K Lenin, who is the petitioner in the matter. The Court held that, 

“Though many a time the complainant has sought for adjournment on the ground of health problem, the records indicate that even though he was present before the Court, he has not stepped into the witness box to give evidence. The said attitude of the complainant [Lenin] is deprecated. If he wants to do justice, then under such circumstances, he must come forward and give the evidence as contemplated under the law. Without doing the same, he has acted on his way that he is leading the Court instead of Court controlling the case and proceeding with the matter.”

The counsel appearing for the petitioner made the following arguments;

“It is his further submission that the learned Sessions Judge to secure the presence of the complainant has issued NBW and has passed the remarks to produce the medical certificate for his absence on 24.9.2019. Though the petitioner was suffering from health issues and was unable to take up a journey, such a drastic step has been taken as against the petitioner by the learned Sessions Judge.

It is his further submission that bailable warrant has been issued against the petitioner to compel his attendance. It is his further submission that a lenient view has also been taken in respect of the accused No.1 though he was not present and the evidence has been recorded.”

The court concluded that transfer isn’t possible as a matter of routine but considered that the case is pending for more than ten years; the High Court of Karnataka directed the trial court to speed up the process by following the principles laid down by the Supreme Court of India in the case of Akil @ Javed v. State (NCT of Delhi). 

Key-Features:-

  • The Karnataka High Court cancelled the bail granted to Nithyananda in 2010 to the case regarding the rape.
  • No reasonable apprehension on the part of the complainant to transfer the case.
  • Strictly with the procedure prescribed under the section 231 of Cr.P.C which needs to be read along with section 309 Cr.P.C.
  • The Single Judge bench of Justice BA Patil heard the case.
  • The matter was posted on the regular date i.e., 4th March 2020.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

Reference:-

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