IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9209/2018 Between:
Anil Kumar @ Adhi, S/o Chandraiah, Aged about 24 years, R/o Doddakondagula Village, Hassan Tq and District – 573 201. ...Petitioner (By Sri.Girish B Baladare, Advocate) And:
State of Karnataka, By Sub – Inspector of Police, Bangarpet Police Station, Bangarpet.
Represented by Public Prosecutor, High Court Building, Bangalore – 560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.240/2016 (S.C.No.28/2017) of Bangarpet Police Station, K.G.F., District for the offence punishable under Sections 342, 397, 109 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.6 under Section 439 of Cr.P.C., to release him on bail in Crime No.240/2016 (S.C.NO.28/2017) of Bangarpet Police Station for the offence punishable under Sections 342, 397, 109 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the complaint was registered on 24/09/2016 alleging that the accused persons tress-passing into house of the complainant holding deadly weapons, caused grievous injuries and tried to attack. On the basis of the complaint, a case was registered and accused No.6 was apprehended and thereafter, he was released on bail and a case has been registered in S.C.No.28/2017, before the III Additional District & Sessions Judge, Kolar (Sitting at K.G.F). Subsequently, petitioner/accused No.6 remained absent and the Court below issued NBW and notice to the sureties and thereafter, the accused No.6 was apprehended and as such he is in custody.
4. It is the submission of the learned counsel for the petitioner/accused No.6 that he is a resident of Hassan and his wife is pregnant and nobody was there to look after her and as such, for one month he did not appear before the Court. He further submitted that earlier he was regular in appearance and not missed the trial. It is further submitted that he undertakes to appear on all dates of hearing and in future if he remains absent, the bail can be cancelled and the petitioner is ready to abide by any conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.6 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that including accused No.6 there are eighteen accused persons who are involved in this case and one or the other remains absent and thereby obstruct in conducting the trial and as such, the petitioner should not be released on bail.
6. I have carefully and cautiously gone through the contents of the complaint and other materials which has been produced along with the petition and the submissions made by learned counsel appearing for the parties.
7. As could be seen from the records, it reveals that the petitioner/accused No.6 is from Hassan and his wife was pregnant and earlier to the date he was regular in appearance and he remained absent only on 06/08/2018 and thereafter, NBW came to be issued, and he was apprehended. It is not alleged that he was absconding and deliberately remained absent. Under the said facts and circumstances, in order to proceed with the trial, I feel that by imposing stringent conditions if the petitioner/accused No.6 is ordered to be released on bail, it would meet the ends of justice.
8. In the light of the discussion held by me above, the petition is allowed and petitioner/accused No.6 is ordered to be released on bail in Crime No.240/2016 (S.C.NO.28/2017) of Bangarpet Police Station for the offence punishable under Sections 342, 397, 109 of IPC subject to the following conditions:
1. Petitioner/accused No.6 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall be regular in attending the trial.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. As per the undertaking given by the learned counsel for the petitioner/accused No.6 on the instruction of his client that if he remains absent in future, the trial Court is at liberty to cancel the bail and take him to custody.
Sd/- JUDGE SMJ