IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.755/2019 BETWEEN :
Irfan S/o Musthaffa P. Aged about 27 years Auto Driver by Profession R/o Musappa Compound 1st Cross, Near Lakshmi Canteen Shivamogga-577 201.
(By Sri Sateesh Chandra K.V., Advocate) AND :
The State by Doddapete Police Station Shivamogga, Represented by State Public Prosecutor Karnataka High Court Building Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.39/2017 (S.C.No.128/2017) of Doddapete Police Station, Shivamogga District, for the offences punishable under Sections 143, 144, 147, 148, 302 120(b) and 114 r/w. Section 149 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.12 under Section 439 of Cr.P.C. praying to release him on bail in SC.No.128/2017 on the file III Additional Sessions Judge, Shivamogga, arising out of Crime No.39/2017 of Doddapete Shimoga Police Station for the offences punishable under Sections 143, 144, 147, 148, 302, 120B, 114 r/w. Section 149 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. It is the submission of the learned counsel for the petitioner-accused No.12 that the petitioner was released on regular bail by the District Court and subsequently during the trial, he remained absent and as such the Court below issued NBW and on execution of NBW he has been remanded to judicial custody. It is his further submission that the petitioner is a coolie and he went for coolie work in Chickmagalur District and he was not aware of the dates of hearing and as such he remained absent. He was not having any intention to flee away from justice. He is ready to attend all dates of hearing and ready to abide by the conditions imposed by this Court. On these grounds, he prayed to allow the petition.
4. Per contra, the learned HCGP vehemently argued and submitted that petitioner-accused No.12 was released on bail and during the bail period, he has violated the bail conditions and jumped the bail by remaining absent. Even the notice has been issued to the surety and bail bonds have been forfeited and thereafter on NBW the petitioner has been secured. If he is released on bail, again he may abscond and may not be available for trial. On these grounds, she prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
6. On close reading of the order sheet of the Court below, it reveals that the accused has remained continuously absent on dates of hearing for a period of six months. Thereafter the Court below issued notice to the surety and surety bonds were forfeited. Thereafter on NBW he was secured and remanded to judicial custody. Though the petitioner has jumped the bail, it is the submission of the learned counsel for the petitioner that the petitioner will be regular in attending the trial and if he jumps bail even for one day, the bail may be cancelled and he may be taken to custody. In that light, in order to give one more opportunity to the petitioner, I feel that petition may be allowed and the petitioner may be enlarged on bail.
Accordingly, the petition is allowed and accused No.12-petitioner herein is enlarged on bail in SC.No.128/2017 on the file III Additional Sessions Judge, Shivamogga, arising out of Crime No.39/2017 of Doddapete Shimoga Police Station for the offences punishable under Sections 143, 144, 147, 148, 302, 120B, 114 r/w. Section 149 of IPC, 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 like sum to the satisfaction of the trial Court.
ii) He shall be regular in attending the trial. If he fails to attend the trial even on a single day, the trial Court is at liberty to cancel the bail and he shall be taken to custody, as per the undertaking given by the learned counsel for the petitioner.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall mark his attendance on 1st of every month before the jurisdictional police between 10.00 a.m. and 5.00 p.m., till the trial is concluded.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-