IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2250/2019 C/W CRIMINAL PETITION NO.2251/2019 IN CRL.P.NO.2250/2019:
BETWEEN:
Radheesha @ Ispeet Radheesha, Aged 34 years, S/o Late Gopala Krishna, R/at Methipalya, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru-562130. ...Petitioner (By Sri. Chandrahasa Rai. B, Advocate) AND:
The State of Karnataka, By Tavarekere Police Station, Ramnagara District, Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Smt. Namitha Mahesh B.G, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.256/2017 of Tavarekere Police Station, Ramanagara for the offence p/u/s 143, 147, 148, 114, 120B, 307 302 read with Section 149 of IPC.
IN CRL.P.NO.2251/2019 BETWEEN:
Bharatha S Aged 20 years, S/o Late Suresha, R/at Manjunatha Circle, Kanakapura Road, Near Patel Chikkanna House, Near Kabbalamma Temple, Bydarahalli, Bengaluru-560091. ...Petitioner (By Sri. Chandrahasa Rai. B, Advocate) AND:
The State of Karnataka, By Tavarekere Police Station, Ramnagara District, Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Smt. Namitha Mahesh B.G, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.256/2017 of Tavarekere Police Station, Ramanagara for the offence p/u/s 143, 147, 148, 114, 120B, 307 302 read with Section 149 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R Criminal Petition Nos.2250/2019 and 2251/2019 have been filed by petitioners/accused Nos.1 and 6 respectively under Section 439 of Cr.P.C to release them on bail in S.C.No.99/2017 on the file of III Additional District and Sessions Judge, Ramanagara (Cr.No.256/2017 of Tavarekere Police Station) for the offences punishable under Sections 143, 147, 148, 307, 302 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. It is the submission of the learned counsel for the petitioners that this Court granted bail to petitioners/accused Nos.1 and 6 and subsequently, till 05.12.2018, both accused appeared before the Court regularly, but on 24.12.2018, petitioners/accused Nos.1 and 6 have remained absent because of their ill-health and even when the case was called on 21.09.2019, petitioners/accused Nos.1 and 6 were unable to attend the Court and even the learned counsel who was appearing on behalf of them has not filed any exemption application. As such, the Court below issued NBW and subsequently, on 11.2.2019, they have been apprehended and now they are in judicial custody.
4. It is his further submission that petitioners/accused Nos.1 and 6 are ready to abide by any conditions imposed by this Court and ready to attend the trial regularly. When there being no jump of bail, if one more opportunity is given to petitioners/accused Nos.1 and 6 by imposing some stringent conditions, they are ready to abide by the same and offer sureties. On these grounds, he prays to allow the petitions and to release petitioners/accused Nos.1 and 6 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that this Court granted bail to petitioners/accused Nos.1 and 6. While granting bail, this Court imposed condition that they shall regularly appear before the Court during the trial and subsequently, petitioners/accused Nos.1 and 6 have remained absent and NBW was issued and executed. As such, they have been taken to custody. She further submitted that if petitioners/accused Nos.1 and 6 are enlarged on bail, they may again abscond and they may obstruct the further proceedings of the case below. On these grounds, she prays to dismiss the petitions.
6. I have carefully and cautiously gone through the submissions of both the learned counsel appearing for the parties and perused the records.
7. It is not in dispute that petitioners/accused Nos.1 and 6 have been released on bail by this Court by imposing some conditions and condition No.2 shows that they shall regularly appear before the Court during the trial. It is the specific contention of the learned counsel for the petitioners that because of high fever, petitioners/accused Nos.1 and 6 have not appeared before the Court. As such, NBW has been issued and they have been taken to custody. The said submission has got some force. I feel if one more opportunity to petitioners/accused Nos.1 and 6 is given by imposing some stringent conditions, it will meet the ends of justice. Hence, I feel that the petitions require to be allowed. Accordingly, both the petitions are allowed..
8. Petitioners/accused Nos.1 and 6 are ordered to be enlarged on bail S.C.No.99/2017 on the file of III Additional District and Sessions Judge, Ramanagara (Crime No.256/2017 of Tavarekere Police Station) for the offences punishable under Sections 143, 147, 148, 307, 302 read with Section 149 of IPC subject to the following conditions:
1. Petitioners/accused Nos.1 and 6 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakh only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not tamper with the prosecution evidence directly or indirectly.
3. They shall not leave the jurisdiction of the Court without prior permission.
4. They shall be regular in attending the trial. If they jump the bail given by this Court for one time, the trial Court is at liberty to take them to custody till the trial is concluded.
5. They shall mark their attendance once in a month on every 1st day till the trial is concluded.
PYR Sd/- JUDGE