IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 8489/2018 BETWEEN:
Ravikumar @ Gali Ravi S/o. Sri Narsimha murthy Aged about 26 years Resident of #176, 6th Cross 7th Main NTI Layout Vidyaranyapura Bengaluru – 560 097. ...Petitioner (By Sri N.Bhargav, Advocate) AND:
The State of Karnataka Through Hebbagodi Police Station (Represented by State Public Prosecutor High Court, Bengaluru – 560 001). ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.64/2009 (S.C.No.5022/2014) of Hebbagodi Police Station, Bengaluru Rural District for the offence punishable under Sections 399 and 402 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail in S.C. No.5022/2014 pending on the file of III Addl. District and Sessions Judge, Bengaluru Rural District arising out of Crime No.64/2009 for the offences punishable under Sections 399 and 402 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. It is the submission of the learned counsel for the petitioner that petitioner – accused No.2 has been arrayed as an accused in the above said crime number alleging that the accused persons were preparing to commit dacoity and thereafter, accused was apprehended and in Crl. Misc. No.538/2009 on the file of Prl. District and Sessions Judge, Bengaluru Rural District by order dated 21.05.2009 has been released on bail. Thereafter, the case was committed to the Sessions Court and no summons has been served on him and as such, he remained absent. He has further submitted that he has not deliberately remained absent before the Court below. Thereafter, voluntarily surrendered before the Court below and now he is in judicial custody. It is further submitted that already the trial has been concluded as against accused Nos. 6 and 9 and they have been acquitted of the charges leveled against them. He further submitted that petitioner – accused No.2 was also suffering with accidental injury and as such, he could not attend the Court. He is ready to abide by any conditions that may be imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that earlier an application was filed on 04.10.2018 contending that no summons has been served on him. The trial Court record shows that he has remained absent and thereafter, the Court has issued NBW and also proclamation and attachment and thereafter petitioner herein has surrendered before the Court below. If petitioner – accused No.2 is released on bail, he may abscond and may not be available for trial. On these grounds, he prays to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
6. It is not in dispute that earlier petitioner / accused No.2 was released on regular bail in Crl. Misc. No.538/2009 by order dated 21.05.2009 and thereafter, he remained absent. It is the contention of the learned counsel for the petitioner that petitioner / accused No.2 has suffered with accidental injury and after the committal of the case, he did not receive any summons and as such, he has remained absent and not intentionally he has remained absent.
7. The submission of the learned counsel is having some force. It is the case of the learned counsel for the petitioner that petitioner – accused No.2 has suffered with accidental injury, as such, he was unable to move to attend the Court and now he is ready to abide by any conditions that may be imposed by this Court and ready to offer surety. Moreover, the alleged offences are not punishable with death or imprisonment for life. It is to be noted that already accused Nos.6 and 9 have been acquitted against the same charges.
Custodial continuation of the accused is not necessary. In that light of the matter, the petition is allowed.
8. Petitioner/accused No.2 is enlarged on bail in S.C. No.5022/2014 on the file of III Addl. District and Sessions Judge, Bengaluru Rural District arising out of Crime No.64/2009 of Hebbagodi Police Station for the offences punishable under Sections 399 and 402 of IPC subject to the following conditions:
1. Petitioner/accused No.2 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 leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., till trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall regularly attend the trial without fail. If he jumps the bail or if he remained absent, the trail Court is at liberty to cancel the bail and take him to custody.
SD/- JUDGE nms