IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4243 OF 2019 BETWEEN:
Lokesh @ Loki, S/o Thimmaiah, Aged about 27 years, R/o No.259, 6th Cross, Near Durugamma Temple, C/o Venk Post, Uttarahalli Hobli, Bengaluru, Permanent R/o Chunchaga Village, Bidadi Hobli, Ramanagara Taluk and District - 562 109. ... Petitioner (By Smt. R. Rashmi Sagar, Advocate for Sri B.S.Raghuprasad, Advocate) AND:
The State of Karnataka by By Bidadi Police Station Ramanagara Taluk and District Rep. by SPP High Court of Karnataka Bengaluru 560001. ... Respondent (By:Sri Rachaiah, 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.143/2014 (S.C.No.16/2016) registered by Bidadi Police Station, Ramanagara for the offences punishable under Sections 143, 147, 148, 149, 307, 324 and 341 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 execution of Non-bailable warrant issued in S.C.No.16/2016. The petitioner had been arrayed as accused pursuant to complaint lodged alleging that on 19.03.2014, the petitioner along with four other persons had stabbed the informant and assaulted him causing bleeding injuries. The complaint was lodged, FIR registered in Crime No.143/2014 for the offences punishable under Sections 144, 147, 148, 307, 324, 341 r/w 149 of IPC.
2. The petitioner had approached the trial court seeking to be enlarged on bail and as per the order dated 30.06.2016, the petitioner was enlarged on bail. However, as the petitioner was irregular in his appearance before the court, non-bailable warrant came to be issued and subsequently, the said warrant was executed and petitioner has been in custody since 16.03.2019.
3. The learned counsel for petitioner states that absence of the petitioner was for bonafide reasons and that he is a driver by profession who was traveling to different places.
4. The learned HCGP however points out that trial has been adversely affected and could not be concluded due to non-cooperation by the petitioner for disposal of the trial.
5. Taking note of the fact that petitioner is in custody and earlier he was enlarged on bail by the trial court, the petitioner to be given another opportunity subject to necessary conditions to ensure that trial is concluded expeditiously. Accordingly, the petitioner is entitled to be enlarged on bail subject to conditions.
6. 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 S.C.No.16/2016 for the offences punishable under Sections 144, 147, 148, 307, 324, 341 r/w 149 subject to the following conditions:
(i) 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.
(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 physically present himself and mark his attendance before the Station House Officer, Bidadi P.S. once in a month between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(vi) The petitioner shall be regular in appearance before the trial court unless exemption from appearance on valid grounds.
(vii) 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/-