Pitigala Arachchiloage Gunasena Kithul Wathura vs Officer in Charge, Police Station, Kalawana – CA BAIL NO: 04/2016-2017

In Pitigala Arachchiloage Gunasena Kithul Wathura v. Officer in Charge, Police Station, Kalawana and the Hon. Attorney General, the court examined the bail eligibility of the Petitioner under Section 10(1)(a) of the Assistance to and Protection of Victims of Crime and Witnesses Act No. 4 of 2015, read with the Bail Act. The central issue concerned whether exceptional circumstances and the lack of State objection justified releasing the Petitioner, charged with causing hurt to a prosecution witness, on bail. It was held that the Petitioner’s advanced age, medical condition, and the absence of prosecutorial objection constituted sufficient grounds for bail, reaffirming the principle that exceptional personal and procedural circumstances may merit judicial discretion in granting bail. The dec