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.2593/2019 BETWEEN:
Ravi Kumar @ Ravi S/o Chandranna Aged about 19 years R/at Beside ITI Building Keregodu Village, Mandya Taluk, Mandya District-58 …Petitioner (By Sri Pratheep K.C., Advocate) AND:
The State of Karnataka by Gowribidanur Rural Police Station, Chikkaballapura District, Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.210/2010 of Gowridanur Rural Police Station, Chikkaballapura, for the offences punishable under Sections 397 and 120-B of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R This petition has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.210/2010 (S.C.No.39/2016) of Gowribidanur Rural Police Station, Chikkaballapura, Police Station for the offences punishable under Sections 397, 120B of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that on 15.12.2010 at about 2.00 p.m. accused No.8 along with other accused hatched a plan to commit dacoity and they went to farm house situated near Saganahalli Gram and accused Nos.1 to 7 went inside the house and committed dacoity. Hence, a case has been registered against the accused persons.
4. It is the submission of the learned counsel for the petitioner that petitioner is an innocent and not committed any offence as alleged. He is released on bail by this Court in Criminal Petition No.7796/2013 and due to non- appearance before the Court below proclamation has been issued against him and by execution of the warrant he has been apprehended and produced before the Court on 2.6.2018. He further submitted that charge sheet has been filed and petitioner is in custody since 2.6.2018. He further submitted that he is a resident of Mandya and there is no chance of he being absconding. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner has jumped the bail and the Court below has issued the body warrant and a proclamation and if he is enlarged on bail, he may not be available for the trial. Hence, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. It is not in dispute that the accused has already been released on bail in Criminal Petition No.7796/2013 by this Court and on perusal of the records it shows that he was regular in appearing before the Court below and as he was in judicial custody in different cases, he did not appear before the Court, thereafter warrant and proclamation has been issued and after execution of the Non-Bailable Warrant he has been taken to judicial custody. In that circumstances, it cannot be possible for him to attend the Court regularly. Under such circumstances, I feel that by imposing some stringent conditions if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail in Crime No.210/2010 (S.C.No.39/2016) pending on the file of the Principal District and Sessions Judge, Chikkaballapura for the offences punishable under Sections 397 and 120B of Indian Penal Code, subject to the following conditions:
i) The petitioner 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.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall mark his attendance in the jurisdictional police on 1st of every month between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
iv) He shall not leave the jurisdiction of the Court without prior permission.
v) He shall not indulge in similar type of criminal activities.
vi) If he violates any one of the conditions mentioned above, the respondent is at liberty to cancel the bail.
*AP/-
Sd/- JUDGE