IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8490/2018 BETWEEN:
Ravikumar @ Gali Ravi, Son of Sri.Narsimha Murthy, Aged about 27 years, Resident of No.176, 6th Cross, 7th Main, NTI Layout, Vidyaranyapura, Bengaluru-560 097. ...Petitioner (By Sri.N.Bhargav, Adv.,) AND:
The State of Karnataka, Through Kodigehalli Police Station, (Represented by State Public Prosecutor High Court, Bengaluru). ...Respondent (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.185/2016 (C.C.No.22048/2018) of Kodigehalli Police Station, Bengaluru City for the offence p/u/s 364, 307 r/w 149 of IPC.
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. seeking his release on bail in Crime No.185/2016 (C.C. No.22048/2018) of Kodigehalli Police Station for the offences punishable under Sections 364 and 307 read with Section 149 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 petitioner that earlier the petitioner/accused No.1 had approached the trial Court and the trial Court has released the petitioner/accused No.1 on anticipatory bail. Thereafter, the charge sheet has been filed. Subsequently, he met with an accident. Because of the accidental injuries, he could not appear before the Court as such, the Court below has issued NBW. Subsequently, he surrender before the Court and now he is in custody. It is further submitted that in another case he has already been released on bail. The alleged offences are not punishable with death or imprisonment for life. The injured has also discharged from the hospital. He is out of danger. Further it is submitted that the petitioner/accused No.1 is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.1 on bail.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has jumped the bail conditions and he was not regular in attending the Court. It is further submitted that there are serious overt-acts as against the petitioner/accused No.1 for having involved in the alleged offences. If he is released on bail, he may again abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and perused the records.
6. As could be seen from the records, it indicates that the petitioner/accused No.1 was released on anticipatory bail subsequently, he did not appear before the Court. As such, the Court below has registered a split up case against the petitioner/accused No.1 and accused Nos.2, 3, 5 and 6. It is the specific contention of the petitioner/accused No.1 that he met with an accident and was suffering with the fractures as such, he did not appear before the Court and the Court below has issued NBW and taken him into the custody. When already the petitioner is enlarged on anticipatory bail, because of some contingencies, he has not appeared before the Court and has been taken to the custody. Under the said facts and circumstance, I feel that one more opportunity if it is given to him by imposing some stringent conditions, it is going to meet the ends of justice. In that light, petition is allowed.
7. Petitioner/accused No.1 is enlarged on bail in Crime No.185/2016 of Kodigehalli Police Station for the offences punishable under Sections 364 and 307 read with Section 149 of IPC subject to the following conditions:
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 not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in a month, i.e., 1st of every month, before the jurisdictional police station, till the trial is concluded.
Sd/- JUDGE VBS