IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.1377 OF 2019 BETWEEN KARTHIK @ NANJI S/O KANNAN AGED 20 YEARS, R/AT DODDAMMA HOUSE YALLAMMA VATARA RADHAKRISHNA PARK ROAD, JARAGANAHALLI J P NAGAR 6TH PHASE, BENGALURU-560011 ... PETITIONER (By SRI SHIVA PRASAD Y S., ADV.) AND STATE OF KARNATAKA BY J P NAGAR PS REPRESENTED BY SPP HIGH COURT BUILDINGS BENGALURU-560 001 .. RESPONDENT (By Sri.HONNAPPA, HCGP) THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.707/2015 OF JAYAPRAKASH NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S.120-B,399,402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent- State. Perused the records.
2. It is an undisputed fact that the petitioner was earlier released on bail under Section 167(2) of the Code of Criminal Procedure during the crime stage for want of filing of the charge sheet within the prescribed period. However, after taking the bail, the petitioner absconded himself and a split-up case has been registered against him and thereafter, he was arrested in connection with Crime No.707/2015 in a split-up case which culminated in C.C.No.24399/2017 on the file of learned XLIV A.C.M.M., Bengaluru, for the offences punishable under Sections 120B, 399 and 402 IPC.
3. It is also not disputed that he was arrested on 24.03.2016 and he has been languishing in jail since then.
4. Learned HCGP brought to the notice of this Court that there are as many as nine other cases pending against him wherein he is on bail in those cases.
5. Looking to the above said facts and circumstances, of course, the accused has been facing many number of cases but in all the cases, he is on bail except this particular case. In this case also, he was released on bail, but he jumped the bail condition and he never appeared before the court. For that, he was arrested and he paid the penalty being in jail from 24.3.2016. Perhaps he might have understood what is the consequence of he being absenting himself from appearing before the court. Therefore, one opportunity is given to him to mend his conduct and appear before the court and assist the court in disposal of the case as expeditiously as possible.
6. Under the above said circumstances, in my opinion, with stringent conditions, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.707/2015 of Jayaprakash Nagar Police Station pending in C.C.No.24399/2017 on the file of learned XLIV A.C.M.M., Bengaluru, for the offences punishable under Sections 120B, 399 and 402 IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court;
(ii) The petitioner shall not tamper with the prosecution witnesses;
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine reason;
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of;
(v) If the petitioner absents himself on two consecutive occasions before the court without intimation to the Court or to his Advocate, in that eventuality, the bail granted to him automatically stands cancelled.
Sd/- JUDGE KNM/-