IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B. A. PATIL CRIMINAL PETITION No.2511/2019 Between:
Prakash B N s/o late Nagesha Aged about 30 years r/o Mallappana Street Sringeri Town Sringeri Taluk Chikkamagalur District – 577139. .. Petitioner (By Sri K Prasanna Shetty, Advocate) And State by Sringeri Police Sringeri Taluk Represented by Special Public Prosecutor High Court of Karnataka Bangalore-560 001. .. Respondent (By Smt.Namitha Mahesh, HCGP) This criminal petition is filed under Section 439 of Cr.PC praying to enlarge the petitioner on bail in Cr.No.58/2017 (SC No.91/2017) of Sringeri P.S. Chikkamagaluru for the offence punishable under Sections 493, 496, 498A, 376(2)(K) of IPC.
This petition is coming on for orders this day, the Court passed the following:-
ORDER This petition is taken up out of turn on the submission of the learned counsel for the petitioner that the mother of the petitioner is not keeping well and has been hospitalized.
2. The present petition has been filed by the petitioner/accused under Section 439 of Cr.PC seeking to release him on bail in Cr.No.58/2017 (SC No.91/2017) of Sringeri P.S. Chikkamagaluru for the offence punishable under Sections 493, 496, 498A, 376(2)(K) of IPC.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused has been enlarged on bail by this Court in Crl.P No.5248/2017 and therein, the third condition was that the petitioner/ accused shall mark his attendance before SHO on every Wednesday till the conclusion of the trial. He has not marked his attendance on every Wednesday and the bail has been cancelled and thereafter NBW has been issued to the petitioner/accused. He further submitted that the petitioner is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner/accused has jumped the bail and the bail conditions have been violated. When the petitioner/accused failed to comply with the conditions of bail, the Court below has rightly cancelled the bail on the ground that he has violated the conditions of the bail. It is her further submission that the bail was cancelled by the Court below and he filed an application for modification of the conditions and the said application came to be rejected by this Court. There are no grounds to allow the petition. Hence, prayed to dismiss the petition.
6. I have gone through the submissions made by the learned counsel appearing on both sides and perused the records.
7. As could be seen from the records, this Court after considering the fact and circumstances has cancelled the bail for having violated the conditions of bail and when the petitioner/accused has failed to comply with the said conditions, the subsequent application filed for modification of the conditions imposed also came to be rejected.
8. Taking into consideration the above facts and circumstances, I am of the considered opinion that the petitioner has not made out good grounds to allow the petition and release him on bail. Hence, the petition is dismissed.
Sd/- JUDGE bkm.