IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7762/2019 BETWEEN:
Shri.Arunaraja, S/o Appajaiah, Aged about 21 years, R/at Hosahalli Doddi Village, Nidasale Post, Huliyurdurga Hobli, Kunigal Taluk, Tumakuru District – 572 130. (By Sri.Dharanesha, Advocate) AND:
The State of Karnataka, By Huliyurdurga Police Station, Represented by its State Public Prosecutor, High Court of Karnataka Building, Bangalore – 560 001.
(By Sri.Rohith B.J., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.23/2016 (S.C.No.19/2017) of Huliyurdurga P.S., Tumakuru For the offence P/U/S 376, 450 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is the sole accused in Crime No.23/2016 of Huliyurdurga Police Station for the offence punishable under Sections 376, 450 of IPC.
3. Brief facts of the case are that the accused- petitioner was released on anticipatory bail in Crl.Misc.No.218/2016 by the VI Additional District and Sessions Judge, Tumakuru vide order dated 22.03.2016. Later, he appeared before the trial Court, and formally enlarged on regular bail. The trial was conducted and ultimately the accused-petitioner was convicted for the above said offences. After conviction judgment, the accused was taken into custody on 19.04.2018. Since then, he has been in judicial custody. The accused had preferred an appeal before this Court in Crl.A.No.752/2018. This Court vide order dated 13.09.2019, has set aside the judgment of conviction and sentence passed by the trial Court and remitted the matter for fresh disposal in accordance with law with certain directions. It is also submitted by the learned counsel for the petitioner that during the pendency of the criminal appeal, the sentence of the trial court was not enforced. Therefore, the petitioner is continued to be in custody.
4. Looking to the above stated facts and circumstances, during the pendency of the trial, the accused was released on bail in Crl.Misc.No.218/2016. Now again matter has been posted before the trial Court for continuation of the trial, as per the direction of this Court. In my opinion, the petitioner is entitled for the same relief as he had earlier during the pendency of the trial.
5. Under the above stated facts and circumstances, it is just and necessary to enlarge the petitioner on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused shall be released on bail in connection with S.C.No.19/2017 (arising out of Crime No.23/2016) on the file of II Additional Sessions Judge, Tumakuru, registered for the offences punishable under Sections 376, 450 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE SB