IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2735/2019 BETWEEN RAGHAVENDRA @ KENDA S/O. SHIVANNA, AGED ABOUT 19 YEARS, RESIDING AT NO.333, 3RD STAGE, 5TH CROSS, GETTIGERE EXTENSION, NEAR PAPAIAH KALYANA MANTAPA, RAJARAJESHWARI NAGARA, BENGALURU-560 098.
... PETITIONER (BY SRI A N RADHAKRISHNA, ADV.) AND THE STATE OF KARNATAKA BY RAJARAJESHWARI NAGARA POLICE, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, 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.53/2016 OF RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S.307,323,341,504 R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is taken out of turn on the submission made by the learned counsel for the petitioner that the marriage of sister of the accused/petitioner is fixed on 25th and 26th of April- 2019 and as such it is taken out of turn.
2. This petition has been filed by the petitioner/accused No.1 under Section 439 of Criminal Procedure Code praying to release him on bail in S.C.. No.293/2018 pending on the file of LXI Additional City Civil & Sessions Judge, Bengaluru in Crime No.53/2016 of Rajarajeswhari Nagar Police Station for the offences punishable under Sections 307, 323, 341 and 504 read with 34 of Indian Penal Code.
3. Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader for the respondent-State.
4. It is the submission of the learned counsel for the petitioner that already the investigation has been completed and charge sheet has been filed and the accused/petitioner has been released on bail. But, thereafter, the case was committed and no summons was served, only NBW has been issued and proclamation has also been issued. When NBW executed, the accused/petitioner was taken to custody. Without there being any fault on the part of the petitioner/accused, he has been taken into custody. He is a permanent resident of the address given in the cause title and he is ready to abide by the conditions that may be imposed by this court and ready to offer the sureties and ready to appear before the Court regularly. On these grounds, he prays to allow the petition.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that he was enlarged on bail and subsequently he has remained absent and even the court below has issued NBW and thereafter proclamation has been issued. She further submitted that the accused/petitioner has been secured under NBW and if he released on bail, he may abscond and may not be available for the trial. On these grounds, she prays for dismissal of the above petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. The records indicate that the accused/petitioner was enlarged on bail during the crime stage and subsequently, the case was committed to the sessions court and thereafter the summons was not served and the court below has issued NBW and proclamation and accused/petitioner has been apprehended and now he is in judicial custody. The offences alleged against the accused/petitioner under Sections 307, 323, 341 and 504 read with 34 of Indian Penal Code are not punishable with death or imprisonment for life. Already the accused/petitioner had been released on bail and he has remained absent because of the reason that the summons has not been served, the said submission appears to be having some force. Under the said facts and circumstances of the case, I feel that if by imposing some stringent condition if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice. In that light the petition is allowed. The accused/petitioner is ordered to be released on bail in S.C.. No.293/2018 pending on the file of LXI Additional City Civil & Sessions Judge, Bengaluru in Crime No.53/2016 of Rajarajeswhari Nagar Police Station for the offences punishable under Sections 307, 323, 341 and 504 read with 34 of Indian Penal Code subject to the following conditions:-
ORDER 1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall be regular in attending the trial. If he jumps the bail condition or fails to appear before the court, the court below is at liberty to cancel the bail and take him into custody.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall mark his attendance once in a month on every first of the month to the jurisdictional police, till the trial is concluded.
Chs* CT:HR Sd/- JUDGE