IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.9312/2018 BETWEEN :
Naveen Kumar S/o late Veerabhadraiah Aged about 27 years R/at. No.3757, 8th Cross Gayathri Nagara Bengaluru-560 021 … Petitioner (By Smt. Manjula N. Tejaswi, Advocate) AND :
The State of Karnataka through Kunigal Police Station, Tumakuru. Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
… Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.5/2013 (C.C.No.35/2016) of Kunigal Police Station, Tumakuru District, for the offence punishable under Section 398 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 filed under Section 439 of Cr.P.C. to release him on bail in CC.No.35/2016 on the file of the Principal Civil Judge and JMFC., Kunigal, arising out of Crime No.5/2013 of Kunigal Police Station, for the offence punishable under Section 398 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. It is the submission of the learned counsel for the petitioner that earlier the petitioner was enlarged on bail and he was regularly attending the trial. But because of the death of his father, he was under depression. He was also suffering with health ailments and he was taking treatment. As such, the petitioner did not appear before the trial Court and therefore the trial Court has issued NBW and he was taken to custody.
Now the petitioner is in judicial custody. She further submitted that the because of the mental depression, the petitioner was not regular in attending the trial. She further submitted that the petitioner is having permanent residence and he is having ailing mother and he is ready to abide by any conditions and ready to offer sureties. She further submitted that one more chance may be given to the petitioner. On these grounds, she prayed to allow the petition by granting bail to the petitioner.
4. Per contra, the learned HCGP vehemently argued and submitted that since four years the petitioner was absconding and was not available for the purpose of trial. Hence, the trial Court issued NBW and he has been secured by issuance of warrant. If he is enlarged on bail, he may again abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
6. As could be seen from the records, earlier the Court had released the petitioner on bail. Subsequently, the petitioner has remained absent and therefore the trial Court has issued NBW and now the petitioner is in custody. It is the contention of the learned counsel for the petitioner that the father of the petitioner expired on 17.4.2014 and the petitioner being only son and because of death of his father, he was having entire responsibility and in that context he was mentally depressed and no other person was there to look out the family, as such he remained absent. It is also the contention of the petitioner’s counsel that the petitioner was having some health problems and he was admitted to Jayadeva Hospital and he has not deliberately remained absent. She further submitted that the petitioner is ready to abide by any conditions imposed by this Court and he will regularly attend the trial. Though records show that the petitioner was absconding for four years, the contention of the learned counsel for the petitioner appears to be just and proper and having force. In that light, in order to give one more chance to the petitioner, petitioner may be shown leniency.
In that light, the petition is allowed. Accused No.1-Petitioner is ordered to be released on bail in CC.No.35/2016 on the file of the Principal Civil Judge and JMFC., Kunigal, arising out of Crime No.5/2013 of Kunigal Police Station, for the offence punishable under Section 398 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall be regular in attending the trial. If he remains on one single day in attending the trial, the trial Court is at liberty to cancel the bail.
iv) He shall furnish his permanent address before the trial Court.
v) He shall mark his attendance before the jurisdictional police once in fifteen days between 10.00 a.m. and 5.00 p.m.
Sd/- JUDGE *ck/-