IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8088 OF 2019 BETWEEN:
MUKESH SHIVAJI KAMBLI, S/O SHIVAJI RAMACHNADRA KAMBLI, AGED ABOUT 28 YEARS, R/AT SARVODAYA COLONY, AGASHIVA NAGAR, KARAD TALUK, SATARA DISTRICT-415001 MAHARASTRA. ...PETITIONER (BY SRI DINESHKUMAR RAO K, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY URVA POLICE STATION, MANGALORE-574004, (REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001). …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.23/2014 OF URVA POLICE STATION, D.K., MANGALURU FOR THE OFFENCE P/U/S 447,450, 120-B,115,387,307 OF IPC AND SECTIONS 5, 7 R/W SECTION 27 OF ARMS ACT.
THIS CRIMINAL 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. Petitioner is arraigned as accused No.2 in C.C.No.2007/2015 on the file of III JMFC, Mangaluru. He was earlier granted bail with certain conditions in Crime No.23/2014. The case was committed to the Court of Sessions on 29.07.2017, but since that day, the accused-petitioner did not appear before the Sessions Court. The Court has issued summons and warrants against him and ultimately a warrant issued by the Sessions Court was executed on 03.08.2019 and he was produced before the Court and remanded to judicial custody. Since 03.08.2019 it appears that petitioner has been in judicial custody.
3. Learned counsel for the petitioner, in support of the grounds urged in the petition, has stated that the mother of the petitioner was not well, therefore, he could not able to receive the summons and appear before the Court; his absence was bonafide and he has been in jail from 03.08.2019 and he has already understood the consequence of his non appearance before the Court.
4. Looking to the above said facts and circumstances, it is seen that the petitioner has been in jail since 03.08.2019 i.e., for a period of more than 3 ½ months and that he has paid penalty for having absented himself before the trial Court and he must have understood what are all the consequences that he has to face for not appearing before the Court and assisting Court for the disposal of the case. Hence, in my opinion one opportunity should be granted to the petitioner to mend his conduct and to appear before the trial Court so as to enable the Court to dispose of the case as expeditiously as possible. The petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner-accused No.2 shall be released on bail in connection with C.C.No.2007/2015 on the file of III JMFC, Mangaluru (S.C.No.124/2017 on the file of IV Addl. District and Sessions Judge, D.K.Mangaluru,) registered for the offences punishable under Sections 447, 450, 120B, 115, 387, 307 of IPC and Sections 5, 7 read with Section 27 of Arms Act, 1959, subject to the following conditions:
(i) The petitioner shall execute a 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.
(v) This bail order shall not come to the aid of the petitioner if he absents himself on two consecutive occasions before the trial Court without being exempted for any genuine reasons by the trial Court.
The petitioner shall also deposit a sum of Rs.2,000/- towards the litigation charges before the trial Court and the said amount shall be forfeited to the State after the termination of the proceedings.
BSR Sd/- JUDGE