IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2686/2017 BETWEEN:
BALAJI S/O MUNIRAJU AGED ABOUT 30 YEARS RESIDING AT NO.64 2ND CROSS, 15TH “F’” BUS STOP KUMARSWAMY LAYOUT BENGALURU – 560 078. …PETITIONER (BY SRI C.N.RAJU, ADV.) AND:
STATE BY BANASHANKARI POLICE BANGALORE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001. ...RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.33/2009 (S.C.NO.1405/2012) OF BANASHANKARI P.S., BANGALORE FOR THE OFFENCES P/U/S 323 AND 307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is arrayed as accused No.3 in the Sessions Case pending before the Principal City Civil and Sessions Judge, Bengaluru, in S.C.No.1405/2012. He along with two co-accused is charge sheeted by the respondent/Police in respect of the offences under Sections 323, 307 read with Section 34 of IPC.
2. Since he remained absent continuously, NBW was ordered and he was procured under NBW and for last six months, he is in custody. The Sessions Court declined to enlarge him on bail in the light of his absence on the hearing dates and violating the conditions of bail.
3. Sri.C.N.Raju, learned Counsel for the petitioner submits that, due to health ground, the petitioner was unable to attend the Court on hearing dates. From now onwards, he will appear before the Court on hearing dates without fail and he may be enlarged on bail.
4. Learned Government Pleader opposes the petition on the ground that if he is enlarged on bail, it is likely that he may abscond again unmindful of his own undertaking before the Court.
5. Learned Counsel for the petitioner further submits that till date, charge is not framed. If that is so, it is a matter of concern that Sessions Court without noticing the said fact is adjourning the case to fix the date of trial.
6. In the given facts and circumstances of the case, it is in the interest of justice to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.33/2009 registered by the respondent/Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.
The surety shall furnish to the Court the original title deeds of his immovable property and his Identity Card/Adhaar Card for perusal. He must not have the history of offering surety to the accused persons of any other criminal case.
(ii) He shall mark his attendance before the respondent-Investigating Officer on every Thursday during the office hours till the conclusion of trial.
KNM/-
Sd/- JUDGE