IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1097/2019 BETWEEN:
Hemanth Kumar, S/o Ramakrishna, Aged about 22 years, R/at Near Anganvadi School, Haraloor, Bangalore – 560 102. ... Petitioner (By Sri. M. Shashidhara, Advocate) AND:
The State of Karnataka, By H.S.R. Layout P.S., Bangalore, Represented by its State Public Prosecutor, High Court Building, Bangalore – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.214/2016 (Spl. C.C. No.132/2018) of HSR Layout P.S., Bangalore for the offences p/u/s 364A, 307, 323, 326, 354, 504, 506 r/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.214/2016 (Spl.C.C.No.132/2018) for the offences punishable under Sections s 364A, 307, 323, 326, 354, 504, 506 r/w 34 of IPC.
2. The case of the prosecution is that complaint was filed by one Janaki on 24.03.2016 against the accused alleging commission of offences as aforestated. The petitioner is stated to have obtained bail from the trial court. It is stated that subsequently, the petitioner remained absent and NBW was issued. The matter was proceeded against the petitioner in split up case Spl.C.C.No.132/2018. On execution of the non-bailable warrant, petitioner was arrested on 02.11.2018 and has been in custody since then. The application filed by the petitioner seeking to be enlarged on bail has been rejected.
3. The petitioner submits that his absence was due to bonafide reasons and that he be given another opportunity.
4. In the light of the fact that petitioner had obtained bail on earlier occasion, looking into the nature of offences alleged to have been committed, the petitioner is entitled to be afforded another opportunity. Accordingly, the petitioner is entitled to be enlarged on bail subject to conditions, to ensure that the petitioner co-operates with the trial.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.214/2016 (Spl.C.C.No.132/2018) for the offences punishable under Sections 364A, 307, 323, 326, 354, 504, 506 r/w 34 of IPC subject to the following conditions:
(i) The petitioner shall appear before the Additional City Civil and Sessions Judge (CCH-51), Bengaluru City, within 15 days from the date of release of this order and 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.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall be regular in appearance unless case is made out for exemption in accordance with law.
(vi) 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 Np/-