IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8030/2019 BETWEEN:
MANJESH S/O. B.N.KRISHNAPPA AGED ABOUT 29 YEARS R/AT # 318 NANJUNDESHWARI NILAYA PEENYA 1ST BLOCK BENGALURU - 560058 ... PETITIONER (BY SRI AVINASH P, ADVOCATE) AND:
THE STATE OF KARNATAKA BY PEENYA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT - 560 001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.341/2015 (C.C.NO.27564/2015) OF PEENYA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 399, 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard and perused the records.
2. Petitioner is arraigned as accused No.5 in Cr.No.341/2015 registered by Peenya police for the offences punishable under Sections 399 and 402 of IPC. Subsequently, after filing of the charge sheet, a criminal case has been registered in C.C.No.27564/2015 on the file of VII Additional Chief Metropolitan Magistrate Court, Bengaluru.
3. It is seen from the records that the petitioner was released on bail during the crime stage and thereafter, it is contended that he appeared before the investigation officer to enable the police to file charge sheet as per the terms and conditions of bail order. There was no direction to appear before the Court. Therefore, he felt that he may receive summons from the court for his appearance before the Court. But he has not received any summons. Ultimately, on the basis of warrant he was arrested and produced before the Committal Magistrate. The case is not yet committed to the Court of Sessions. The offences under Sections 399 and 402 of IPC, are not punishable either with death or imprisonment for life. Adding to the above, learned counsel for the petitioner contended that the petitioner was under the impression that he would get summons from the Magistrate Court or Sessions Court to appear before the Court after filing of the charge sheet. But after filing the charge sheet, he did not receive any summons to his address. Accordingly, NBW was issued and later when the court has issued proclamation, the police have arrested the petitioner.
4. The above said facts are not considered by the State. Looking to the above said facts and circumstances, in my opinion, imposing stringent conditions and also imposing cost, the petitioner is entitled to be released on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with (Crime No.341/2015 of Peenya Police Station) or C.C. No.27564/2015 on the file of VII Additional Chief Metropolitan Magistrate Court, Bengaluru, registered for the offence punishable under Sections 399 and 402 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with Two solvent sureties for the like-sum to the satisfaction of the jurisdictional Magistrate.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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 of the court till the case registered against him is disposed of.
(v) This bail order shall not come to the aid of the petitioner, if he absents himself before the trial Court or Committal Court and on any two consecutive occasions without intimating to the Court or without there being any exemption order passed by the Court exempting his personal appearance before the court.
(vi) The petitioner shall deposit a sum of Rs.10,000/- before the Committal court/Sessions Court. Thereafter, the said amount shall confiscate to the state after termination of the proceedings either by Committal Court or Sessions Court.
Sd/- JUDGE HJ