IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2945/2019 BETWEEN:
Halappa @ Abhishek S/o Hanumanthappa Aged about 20 years, R/at 1st Main Road, 6th cross, Rudrappa Garden, Kasturibanagar, Mysuru Road, Bengaluru-560 026.
Permanent R/o Mavathur, Kunigal Taluk, Tumkur District-572 130. …Petitioner (By Sri.Srinivasa.M.G, Advocate) AND:
State by Harohalli Police Station, Bengaluru Rural-562 112.
Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.84/2012(SPL.C.No.31/2015) of Harohalli police Station, Ramanagar for the offence punishable under Sections 143, 147, 148, 324, 307, 448, 114 read with 149 of IPC and Section 3(1)(10) of SC/ST Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The complainant has been notified and served with notice.
2. The petitioner seeks to be enlarged on bail in connection with his detention on execution of non- bailable warrant with respect to proceedings in Crime No.84/2012 (Spl.C.No.31/2015) with respect to the offences punishable under Sections 143, 147, 148, 324, 307, 448, 114 read with Section 149 of IPC and under Section 3(1)(10) of SC/ST Act, 1989.
3. The case of the prosecution is that complaint came to be lodged in connection with the alleged incident on 30.03.2012 at about 8.45 p.m., where it is stated that after threatening CW-2 to 4, CW-1 was assaulted by accused persons. In the said proceedings, the petitioner was arrayed as accused No.2.
4. The learned counsel for the petitioner states that the accused No.2 was enlarged on bail by the trial Court by order dated 01.10.2013. It is stated that however during the subsequent proceedings, the petitioner had remained absent on 15.02.2018 and NBW came to be issued on the said date. The petitioner states that due to bonafide reasons he could not seek for recalling of the said NBW and eventually came to be arrested on 14.03.2019 and he has been in custody since then. The petitioner had sought to be enlarge on bail and the trial Court rejected the said application of the petitioner by order dated 30.03.2019.
5. Taking note of the fact that the petitioner had attended the Court in the trial Court for about 6 years and also noticing the nature of the offences, it would be appropriate to afford the petitioner another opportunity which would ensure that the trial is concluded.
6. Accordingly, petitioner is entitled to be enlarged on bail in Crime No.84/2012 (Spl.C. No.31/2015) for the offences punishable under Sections 143, 147, 148, 324, 307, 448, 114 read with Section 149 of IPC and under Section 3(1)(10) of SC/ST Act, 1989, subject to the following conditions:
(i) The petitioner to mark his appearance before the trial Court within 15 days from the date of release of this order.
(ii) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(iii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iv) The petitioner shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) The petitioner shall not indulge in any criminal activities of like nature.
(vii) The petitioner shall not absent himself on the date of hearing except where valid cause is made out seeking exemption in-accordance-with law.
(viii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS