IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3272/2019 BETWEEN:
KUMARA @ KUMBI S/O LATE KANNAPPA AGED ABOUT 24 YEARS LABOURER R/AT No.56, ‘B’ BLOCK ASHRAYA BADAVANE BOMMANAKATTE SHIVAMOGGA-577201. ...PETITIONER (BY SRI G.S.CHIDAMBARA, ADV.) AND:
THE STATE OF KARNATAKA BY VINOBANAGARA POLICE STATION SHIVAMOGGA-577202 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.284/2014 OF VINOBANAGARA POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 395 OF IPC.
THIS CRL.P. 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. The petitioner granted with bail under Section 167(2) of Cr.P.C. in connection with Cr.No.284/2014 which later culminated in S.C.No.157/2018 on the file of III Addl. Sessions Judge, Shivamogga. In fact he remained absent before the Court since 2014 after obtaining the bail. He was re-arrested on 10.10.2018 by virtue of the warrants issued by the concerned courts. He was produced before the learned Sessions Judge and he was remanded to judicial custody and since 10.10.2018, the petitioner has been in judicial custody. At the time of submitting the arguments, it is submitted that Sessions Case in S.C.No.157/2018 is still pending for disposal on the file of the III Addl. Sessions Judge at Shivamogga.
3. It is contended by the learned counsel that if an opportunity is given to the petitioner, he shall abide by all the conditions and he shall assist the court for final disposal of the case and he shall not absent himself before the court without intimating the counsel and without genuine reasons before the court.
4. Looking to the above said facts and circumstances, of course there is deliberate long delay with reference to the absence of the accused before the Trial Court. Nevertheless, there are no previous bad antecedents alleged against the petitioner nor he is shown to be an habitual offender. Under the above said circumstances, I feel it is just and necessary to grant one more opportunity to the petitioner by granting bail with stringent conditions. Hence, the following:
ORDER The petitioner shall be released on bail in connection with S.C.No.157/2018 on the file of the III Addl. Sessions Judge, Shivamogga, for the offence under Section 395 of IPC subject to the following conditions:
1. The petitioner shall execute a personal bond for Rs.1 lakh (Rupees one lakh only) with one solvent surety for the likesum to the satisfaction of the Trial Court.
2. The petitioner shall not indulge in tampering the prosecution witnesses and he shall appear before the Court on all future hearing dates, unless exempted for any genuine reason by the Court.
3. If the petitioner absents himself consecutively on two occasions without intimation to the counsel or the Court, this bail order shall automatically stand cancelled.
4. The petitioner shall not leave the jurisdiction of the Sessions Court without prior permission till the case registered against him is disposed of.
Sd/- JUDGE Dvr: