IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.6912 OF 2017 Between:
Basappa @ Basava, S/o Late Doddaiah, Aged about 22 years, R/at Beside Govt. School, 1st Cross, Krishnappanagar, Anayanakanhalli, HSR Layout, Bengaluru – 560 025. …Petitioner (By Sri. Lakshmikanth. K, Advocate) And:
State of Karnataka by Ramamurthynagar Police Station, Bengaluru.
Reptd., by its State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri S. Vishwamurthy, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in Crime No.73/2012 of Ramamurthy Nagar Police Station, Bengaluru City and S.C No.1125/2016 pending on the file of LI Additional City Civil and Sessions Judge, Bengaluru City for the offences P/U/S 120(B), 302, 392 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court passed the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent.
2. The petitioner/accused No.1 along with twelve others is charge-sheeted by the respondent-police in respect of the offences punishable under Sections 120B, 392 and 302 r/w 34 of IPC. In fact he was granted bail by the order of this Court in Criminal Petition No.5068/2014 dated 16.10.2014. Subsequently he skipped the terms of the bail and remained absent from 21.04.2016 to 04.08.2016. However, as per the statement made at bar, he voluntarily surrendered before the Court and was taken to custody and his prayer for bail was rejected by the Sessions Court.
3. Learned counsel for the petitioner submits, in view of the ailment he could not contact his counsel to know the date of hearing and thus remained absent and he has no intention to abscond. Henceforth, he undertakes to attend the Court regularly and abide by any conditions that will be imposed on him.
4. Having regard to the above circumstances, the petition is allowed. Petitioner is enlarged on bail subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- (Rupees Two lakhs) with two local sureties for the likesum to the satisfaction of the concerned Court.
The sureties shall produce Aadhar Car/Identity Card and the original title deeds pertaining to immovable property for perusal of the Court. The sureties shall not have the antecedents of offering sureties to the accused persons in any criminal case.
(ii) He shall attend the Court regularly on all hearing dates.
(iii) He shall mark his attendance on every alternative Wednesday before the SHO of the respondent police station during office hours till disposal of the case.
Sd/-
JUDGE SV/LL