IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7261 OF 2019 BETWEEN MOHAMMED ASIF @ ACHI @ MOOPA A.S., S/O ABDUL HAMEED AGED ABOUT 25 YEARS, R/AT KODIMAJALU PUTTA RENT HOUSE PUDU VILLAGE, BANTWAL TALUK D.K. DISTRICT-574222 (BY SRI B. LETHIF, ADVOCATE) AND THE STATE OF KARNATAKA BY SURATHKAL POLICE STATION D.K. DISTRICT REP BY SPP HIGH COURT BUILDING BANGALORE-560001 (BY SRI HONNAPPA, HCGP) ******* ...PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.88/2017 (S.C. NO.102/2019) OF SURATHKAL POLICE STATION, MANGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 399 OF IPC AND SECTION 27 OF ARMS ACT PENDING BEFORE VI ADDL. DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU.
THIS PETITION 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 facts of the case are that a case in Crime No.88/2017 was registered against the petitioner which after committal was registered as S.C. No.102/2019 and he was enlarged on bail in connection with the said case vide order in Crl. Misc. No. No.569/2017. However, he remained absent before Court in S.C.No.102/2019, therefore, NBW came to be issued. In the meantime, he was arrested in connection with Crime No.296/2017 on the file of Bantwal Police for the offences under Section 307 and 302 of IPC. The records also disclose that in Crl. P. No.4541/2019 the petitioner was enlarged on bail in connection with Crime No.296/2017. After the release he appears to have been arrested in connection with S.C. No.102/2019, subsequently registered as split up case against this petitioner in view of the NBW pending against him. Thereafter he filed a bail Petition before the VI Addl. District and Sessions Judge, D.K., Mangaluru in S.C.No.102/2019. The learned Sessions Judge, by considering the merits of the case dismissed the petition on the ground that the petitioner is a habitual offender.
3. On careful perusal of the entire materials available on record, when the bail was granted earlier considering the merits of the case the Court cannot go into merits of the case once again in order to grant or refuse bail to the petitioner. Only thing the Court could look into is whether the absence of the accused earlier in S.C. No.101/2019 was reasonable and acceptable. It is no doubt true that the petitioner was arrested in connection with some other case i.e. Cr.No.296/2017 by Bantwal police. Therefore, naturally he could not appear before the Court in S.C. No.102/2019. Under the above said facts and circumstances, this particular aspect of facts have to be considered by the learned Sessions Judge which has not been done.
4. Looking into the above said facts and circumstances that in Crime No.296/2017 the bail has already been granted and in connection with that case also on facts earlier the bail was granted, the petitioner ought to have been released on bail. The Court would not have held that he is habitual offender without any proof of any conviction against the accused in above said matters. In the above said facts and circumstances, the petitioner is entitled to be enlarged on bail. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C. No.102/2019 (arising out of CR.No.88/2017) on the file of VI Addl. District and Sessins Judge, D.K. Mangaluru registered for the offence punishable under Sections 399 of IPC and Sessions 27 of Arms Act 1959, 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 Two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(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.
Sd/- JUDGE Sbs*