IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. No. 8291/2019 BETWEEN MANJA @ BONDADA MANJA S/O MARIYAPPA AGED ABOUT 28 YEARS R/A NO.83, GULAKAMALAI UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU – 560 061 ... PETITIONER (BY SRI. RANGANATH REDDY R., ADVOCATE) AND STATE BY SUBRAMANYAPURA POLICE BENGALURU REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.178/2014 OF SUBRAMANYAPURA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 143, 144, 147, 148, 302, 307, 120(B) R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent–State. Perused the records.
2. The petitioner (A9) was granted bail in connection with SC No.1038/2018 in Crl. Misc. No.3565/2015 vide order dated 16.06.2015 for the offence punishable under Sections 143, 144, 147, 148, 302, 307, 120(B) r/w. 149 of IPC on certain conditions.
3. After committal of the case, it appears the petitioner (A9) has not attended the Court nearly for a period of three years, which made the trial Court to issue non-bailable warrants and also proclamations for attachment of property of the petitioner. Ultimately, the petitioner was arrested on 02.05.2018 in connection with SC No.1038/2018 and he has been in jail for more than 1½ years, under UTP No.4141/2018. So far as this case is concerned, the bail bonds of the petitioner (A9) were cancelled earlier and proclamation has been issued for attachment of his property. Thereafter, he approached the trial Court for grant of bail in SC No.1038/2018, which is a split up case registered against him (A9). Thereafter, the trial Court considering the conduct of the petitioner (A9) that, he was not regularly attending the court and he had no intention to appear before the court and assist the court for disposal of the case as expeditiously as possible, has rejected his bail petition.
4. Of course, the conduct of the petitioner is not fair enough because, after obtaining bail, it is his fundamental duty to comply with the conditions imposed upon him and also regularly appear before the trial court and assist the court for early disposal of the case. But, the said conduct of the petitioner itself is not sufficient to keep him in custody for long period, because once the trial Court has already considered his bail petition on merits and granted bail to him. Therefore, in my opinion, at this stage, it is just and proper to enlarge the petitioner (A9) on bail by imposing stringent conditions and heavy cost upon him. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A9)-Manja @ Bondada Manja shall be released on bail in connection with SC No.1038/2018 (Crime No.178/2014 of Respondent-Subramanyapura Police Station, Bengaluru District & CC No.15588/2014), for the aforesaid offences, now pending before the Court of LXIV Addl. City Civil and Sessions Judge, Bengaluru, subject to the following conditions:-
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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 cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
(v) If the petitioner remains absent before the trial Court for two consecutive occasions without intimation to the court, this bail order shall not come to the aid of the petitioner and the trial Court shall take him to the custody once again and proceed with the trial.
(vi) The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) before the trial court towards Litigation Expenses and that amount has to be forfeited to the State after termination of the case.
KGR* Sd/-
JUDGE