IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6698/2018 BETWEEN:
Manjunatha @ Manju S/o. Nagaraju Aged about 26 years R/at Obalapura Village Kora Hobli, Tumakuru Taluk PIN-572 106. ...Petitioner (By Smt. Bhanu H.M, Advocate) AND:
State of Karnataka Kora Police Station Tumakuru District – 572 128. Rep. by Government Pleader High Court of Karnataka Bengaluru – 560 001. ...Respondent (By Smt. Namitha Mahesh B.G, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.42/2016 (C.C.No.3994/2016) of Kora Police Station, Tumakuru for the offences punishable under Sections 399 and 402 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail in Crime No.42/2016 (C.C.No.3994/2016) of Kora Police Station for the offences punishable under Sections 399 and 402 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. It is the submission of the learned counsel for the petitioner that initially the petitioner/accused was granted bail and he was regularly attending the Court. But later he has been falsely implicated in one more case in C.C.No.848/2017 of Karatagi Police Station, Gangavathi and he was kept in judicial custody and as such he did not appear before the Court.
Therefore, NBW was issued and bail was cancelled. It is further contended by the learned counsel for the petitioner that he was not deliberately remained absent to the Court. Moreover, the alleged offence committed by the petitioner is not punishable with death or imprisonment for life. He is ready to abide by any conditions imposed by this Court, ready to offer surety and he will attend the Court regularly for trial. On these grounds, she prays to allow the petition and to release the petitioner/accused on bail.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has jumped the bail and Court has issued NBW as against the petitioner and he has been secured under the warrant. If the petitioner/accused is released on bail, he may indulge in similar type of activities. She further submits that even after two years, the trial has not yet been closed and at this stage, if the petitioner is enlarged on bail, it may cause delay in trial. On these grounds, she prays to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
6. It is not in dispute that earlier the petitioner/accused has been released on bail and subsequently, he has remained absent and the Court has issued NBW to secure the presence of the accused and now he is in judicial custody. It is the submission of the learned counsel for the petitioner that the petitioner has been falsely implicated in one more case and as such, he was in judicial custody. Hence, he has not appeared before the Court. Taking into consideration of the above said facts and circumstances of the case, I feel that in order to give one more opportunity to the petitioner/accused, by imposing some stringent conditions, if he is released on bail, it would meet the ends of justice. In that light, petition is allowed.
9. Petitioner/accused is enlarged on bail in Crime No.42/2016 (C.C.No.3994/2016) of Kora Police Station (II Addl. Civil Judge (Jr.Dn) & JMFC Court, Tumakuru) for the offences punishable under Sections 399 and 402 of IPC subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month on every 1st till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He should be regular in attending the trial.
nms Sd/- JUDGE