IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2064 OF 2019 BETWEEN:
H.K.Prakash, S/o Kariyappa, Aged about 49 years, Worked as Taluk Panchayath Extension Officer, Turvekere R/at 5th Cross, Govindapuram Extension, Tiptur Town, Tumkuru District-572 ...Petitioner (By Smt. Manjula.D, Adv. for Sri L.Srinivasa Babu, Advocate) AND:
The State of Karnataka, By Karnataka Lokayuktha Police, Tumkuru Rep. by Special Public Prosecutor, M.S.Building, Bengaluru-560001. ...respondent (By Sri B.S.Prasad, SPP) This criminal petition is filed under section 439 of the Code of the Criminal Procedure praying to enlarge the petitioner on bail in Cr.No.03/2012 registered by Karnataka Lokayuktha Police Station, Tumakuru and in Spl.C.No.122/2013 pending on the file of II Additional District and Sessions Judge, Tumakuru for the offence P/U/S 13(1)(d) R/w 13(2) of prevention of corruption Act.
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.1 under Section 439 of Cr.P.C., to release him on bail in Special Case No.122/2013 (Crime No.3/2012) pending on the file of II Additional District and Sessions Judge, Tumakuru for the offences punishable under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act.
2. I have heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the respondent-State.
3. It is the submission of the learned counsel for the petitioner that the petitioner/accused No.1 was released on bail and he was regularly attending the Court but on 08.01.2019 because of Bharath Bund and inconvenience of the transportation, he did not attend before the Court. Subsequently, on 22.01.2019 the Court is declared as holiday and he was not present due to the declaration of the Holiday in pursuance of the Dr.Shree Shivkumara Swamy demised on 21.01.2019. He was not remained absent intentionally. He is ready to abide the 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.1 on bail.
5. Per contra, learned Special Public Prosecutor vehemently argued and submitted that the petitioner/accused No.1 though released on bail, he is irregular in attending the trial, thereby, he is hampering the further trial. It is further submitted that if the petitioner/accused No.1 is present, his counsel remained absent. Even though, the Court has insisted to give the legal assistance but he refused to cross examination of the witnesses deliberately to postpone and avoid the trial, if he is released on bail, he may tamper the prosecution witnesses and may likely to indulge in similar type of crime. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for both the parties and perused the records.
7. It is the specific contention of the petitioner/accused No.1 that because of Bharath Band and having declared Holiday on 22.01.2019, the petitioner/accused No.1 has remained absent. He is ready to co-operate with the trial. In order to give one more opportunity, the petitioner/accused No.1 is enlarged on bail. However, it is made clear that, if he is not co-operating for the purpose of trial, the trial Court can exercise the power under Section 309 of Cr.PC and this bail may be cancelled and he may be taken to the custody till the trial is completed. With the above observations, I feel that by imposing some stringent conditions, if the petitioner/accused No.1 is ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed.
Petitioner/accused No.1 is ordered to be released on bail in Crime No.3/2012 of Karnataka Lokayukta Police Station, Tumakuru for the offences punishable under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act subject to the following conditions:
1. Petitioner/accused No.1 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 not leave the jurisdiction of the Court without prior permission.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall regularly attend the trial. If he may remains one day absent and Hampering the trial, the bail stands automatically cancelled.
Sd/- JUDGE KTY