IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CRIMINAL PETITION NO.3912/2019 BETWEEN:
Puttappa @ Putta S/o Manjappa Aged about 28 years R/at C/o Chandrashekar 3rd Cross, Rayasandra Layout Huskuru Post, Sarjapura Hobli Anekal Taluk Bengaluru – 560 099 (By Sri Jagadeesha H, Advocate) AND:
The State of Karnataka By Parappana Agrahara Police Station Bengaluru – 560 079 Rep. by Public Prosecutor High Court of Karnataka Bengaluru - 560 001 (By Sri I.S.Pramodchandra, SPP-II) ... Petitioner ... Respondent This Criminal Petition is filed under section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.391/2017 (S.C.No.137/2018) of Parappana Agrahara police station Bengaluru for the offence punishable under Section 366(A) and 376 read with Section 34 IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act and Section 4 and 6 of Protection of Children from Sexual Offences Act.
This criminal petition coming on for orders this day, the Court made the following:
ORDER Heard the petitioner’s counsel and the learned SPP-II for respondent-State. Learned SPP-II files a memo reporting service of notice to the complainant.
2. The petitioner was admitted to bail earlier by disposing of Criminal Petition No.9797/2017 on 27.04.2018. Because he did not appear before the trial Court on 18.09.2018 and subsequent dates, the trial Court issued NBW to secure his presence and he was remanded to custody. Thereafter the petitioner applied for bail before the trial Court and since that application has stood rejected, he is before this Court.
3. For his absence before the trial Court from 18.09.2018 onwards, the petitioner has given reasons that he was suffering from jaundice, that he was taking treatment at his native place and that he could not contact his Advocate. No medical certificate is enclosed. However, having regard to the fact that the petitioner regularly appeared before the Court on all the dates prior to 18.09.2018, there is no impediment for admitting him to bail once again by subjecting him to stringent conditions. Hence the following:
ORDER Petition is allowed.
Petitioner shall be released on bail in connection with Crime No.391/2017 (S.C.No.137/2018) registered by Parappana Agrahara Police Station, Bengaluru on his executing bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) and providing two sureties for the likesum to the satisfaction of the trial Court. The petitioner is also subjected to following conditions:
i. He shall regularly appear before the Court and even a single absence before the trial Court will be considered seriously for canceling the bail;
ii. He shall not threaten the witnesses and tamper the prosecution evidence;
iii. He shall co-operate with the trial Court for speedy disposal of the case.
KMV/-
SD/- JUDGE