Accused Cannot Be Forced To File RTI Application To Obtain Document When He Is Entitled To It U/S. 91 CrPC: Karnataka HC
The trial court rejected his request under Section 91 of the CrPC, stating that the accused could obtain these documents through an RTI application.
The Karnataka High Court ruled that an accused person should not be compelled to file an application under the Right to Information Act (RTI Act) to obtain documents that they are already entitled to under Section 91 of the Code of Criminal Procedure (CrPC) to support their defense in a criminal trial.
The Court issued this statement while granting relief to Dr. Shivamurthy Murugha Sharanaru, the head of the Jagadguru Murugarajendra Vidyapeetha Mutt in Chitradurga. He had requested certain documents from the Cottonpet police as part of his defense in an ongoing sexual harassment trial.
However, the trial court rejected his request under Section 91 of the CrPC, citing the prosecution's argument that the accused could obtain these documents through an RTI application. This led Sharanaru to approach the High Court.
A Bench of Justice M Nagaprasanna said, "The rejection of which is on the face of it illegal as that is not the purport of Section 91 of the CrPC that an accused should be driven for securing documents under the Right to Information Act when an application is filed under Section 91 of CrPC,"
Advocate BK Swamy appeared for the petitioner, while Additional Special Public Prosecutor BN Jagadeesha appeared for the Respondent.
The High Court disagreed with the trial court’s decision, calling it “illegal.” The Court emphasized that it was inappropriate for an accused to be forced to rely on the RTI Act to obtain documents they are entitled to under Section 91 of the CrPC. The Court clarified that Section 91 is meant to allow the accused to directly request relevant documents from the prosecution, without the need for additional procedures like filing an RTI application.
As a result, the High Court set aside the trial court’s order and upheld Sharanaru's request under Section 91 of the CrPC. The Court directed the prosecution to present the requested documents at the appropriate stage of the trial.
Cause Title: Dr. Shivamurthy Murugha Sharanaru v. State of Karnataka & Anr., [2025:KHC:6434]
