Kudanuge Darshana Upul Kumarasiri alias Pathum vs Officer in Charge, Police Station, Matale & Hon Attorney General – CA BAL/35/2020-2021

In the case between the Officer in Charge, Police Station, Matale (Complainant-Respondent), and Kudanuge Darshana Upul Kumarasiri alias Pathum (1st Suspect-Petitioner), the court addressed whether bail should be granted to the 1st suspect-petitioner who was remanded for allegedly threatening a prosecution witness, invoking Section 8(1)(a) of the Assistance to and Protection of Victims of Crimes and Witnesses Act, No. 4 of 2015. The court held that the combination of delayed arrest, prolonged remand without charge, and inconsistencies in witness statements constituted “exceptional circumstances” justifying the grant of bail under Section 10(1)(a) of the Act. The legal principle reaffirmed is that the statutory protection of victims and witnesses must be balanced with the constitutional righ