IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.3614/2019 BETWEEN:
BIJAYA SINGH AGED ABOUT 37 YEARS S/O. GOPAL SINGH R/AT. NO.5, ARAKERE BANNERAGHATTA ROAD BENGALURU – 560076 ...PETITIONER (BY SRI CHANDRAHASA RAI B., ADVOCATE) AND:
THE STATE OF KARNATAKA BY JEEVAN BHEEMA NAGAR POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 56001 …RESPONDENT (BY SRI M.DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.194/2017 (C.C.NO.59106/2017) OF JEEVAN BHEEMANAGAR P.S., BANGALORE FOR THE OFFENCE P/U/S 380, 411, 457 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 439 of Cr.P.C. by the petitioner – accused No.1 seeking to enlarge him on bail in crime No.194/2017 (C.C.No.59105/2017) registered by Jeevan Bheemanagar Police Station, Bengaluru, for the offences punishable under Sections 380, 411, 457 r/w. 34 of IPC pending on the file of X ACMM, Bengaluru.
2. I have heard the learned counsel for the petitioner – accused and the learned High Court Government Pleader for respondent - State.
3. The gist of the complaint is that, when the complainant and his family members had been to South Africa on 09.05.2017, there was a theft in their house. Complainant came on 21.05.2017 and noticing the fact of theft immediately he lodged the complaint. Thereafter, during the course of investigation, accused was apprehended and the stolen articles were recovered at the instance of the accused. At that time, accused was found in possession of 200 grams of gold items and some amount of cash. After completion of investigation, charge sheet has been filed.
4. Learned counsel for the petitioner – accused submitted that since 3 ½ years, the petitioner - accused is languishing in jail and the 10th ACCM, Bengaluru is kept vacant and the Presiding Officer has been posted to hold the trial. Though, the 53rd ACMM, Bengaluru has been given concurrent appointment of 10th ACMM, Bengaluru, the Presiding Officer is not undertaking the cases effectively belonging to 10th ACMM Court. The petitioner accused is entitled to a speedy trial as right and liberty is involved. It is further submitted that though the petitioner has approached this Court thrice on an earlier occasion, all the petitions have been dismissed but under the charged circumstances that the accused has come before this Court seeking enlargement on bail. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that earlier the petitioner - accused has approached this Court thrice and all the petitions came to be dismissed and there are no good grounds to revive the bail application of the petitioner – accused. It is his further submission that the petitioner – accused is a habitual offender, if he is enlarged on bail, he may again indulge in similar kind of criminal activities and there are already many cases pending against him. On these grounds, he pray to dismiss the petition.
6. I have carefully and cautiously considered the submissions of the learned counsel for the petitioner and learned Government Pleader and perused the records.
7. On going through the records, it indicate that earlier, the petitioner – accused No.1 has approached this Court and this Court vide orders dated 04.07.2018, 17.07.2018 and subsequently, on 26.02.2019 has dismissed the petitions. However, as rightly pointed out by the learned counsel for the petitioner – accused that the 10th ACMM, Bengaluru has been kept vacant and even though the Presiding Officer of XLIII Addl. CMM Court is concurrently appointed as the Presiding Officer of the X ACCM Court, the cases are not taken by him effectively. Under the changed circumstances, he is moving the bail.
8. This Court by specific order obtained the information from the Registry regarding the cases before the 10th ACMM, Bengaluru. Registry has produced the notification dated 05.07.2019 stating therein the Presiding Officer of 53rd ACMM, Bengaluru has been given concurrent appointment. But considering the submission of the learned counsel for the petitioner – accused that the 53rd ACMM, Bengaluru is not conducting the cases effectively, so also that the alleged offences are not punishable with death or imprisonment for life and already the accused has been languishing in jail since 3 ½ years as the rights and liberty of the accused is involved in the case. I deem it appropriate to consider the bail application.
9. So far as the apprehension of the learned government pleader is concerned, that if the bail is granted, the petitioner may again indulge in criminal activities can be protected by imposing stringent conditions. In that light, petition is allowed subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) He shall not tamper with the prosecution evidence in any manner till the disposal of the case.
iii) He shall not leave the jurisdiction of the Court without prior permission.
iv) He shall be regular in appearing before the Court till the trial is concluded v) He shall mark his attendance once in fifteen days before jeevan Bheema Nagar Police Station between the office hours of 10.00 a.m. and 5.00 p.m. till the trial is concluded.
vi) He shall not indulge in similar kind of criminal activities, failing which, the trial Court is at liberty to take the petitioner into custody.
Sd/- JUDGE nvj