IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.1220/2019 BETWEEN Sadath Khan, S/o late Musthak Ahmed Khan, Aged about 29 years, R/o Infront of Mirza Mohalla Mosque, House of Yasin, Hassan-570021.
(By Sri. V.Bharath Kumar, Advocate) AND ... Petitioner State of Karnataka Though Station House Officer, Bagalur Police Station, Represented by State Public Prosecutor, Hon’ble High Court of Karnataka, Bangalore-560001. ... Respondent (By Smt. B.G.Namitha Mahesh, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Court.No.118/2017 registered by Bagalur Police Station, Bengaluru and in S.C.No.15023/2018 pending on the file of V Additional District and Sessions Judge, Devanahalli for the offence punishable under Section 341, 417, 419, 420, 354, 397 of IPC and etc.
This Criminal Petition coming for Orders on this day, the court made the following:
ORDER Heard the learned counsel for the petitioner.
2. This petition is filed under Section 439 of Cr.P.C. for grant of bail. The petitioner said to be the accused in S.C.No.15023/2018 on the file of V Additional District and Sessions Judge, Devanahalli for the offences punishable under Sections 341, 417, 419, 420, 354 and 397 of Indian Penal Code.
3. Learned counsel for the petitioner submits that previously the case was registered under Section 392 of IPC and the accused has been arrested and he has been granted bail by the learned Magistrate. Subsequently, charge sheet came to be filed for the offence under Section 397 of IPC. It is trial by the Court of Sessions. After committal, the bail application filed by the petitioner before the Sessions Court came to be rejected.
4. Learned counsel for the petitioner contended that he is in judicial custody. The case has already been committed to the Court of Sessions and the petitioner has already been granted bail during the crime stage and therefore, he prays for allowing this petition.
5. Learned High Court Government Pleader has objected the bail petition.
6. Upon hearing the arguments of the both the sides and perused the records. The petitioner has already granted bail during the crime stage under Section 437 of Cr.P.C. by the Magistrate though the offence is under Section 392 of IPC, which is also a non-bailable offence. Once the charge came to be filed for the offence under Section 397 of IPC, the bail granted by the trial Court cannot said to be cancelled or expires. Therefore, considering the facts and circumstances of the case though the offence is non-bailable but the same is not punishable with death or imprisonment for life. Though the learned High Court Government Pleader submitted that there are eight cases registered against the petitioner and he said to be cheated so many ladies on the assurance of false promise of marriages but there is no previous conviction against him. Therefore, considering the facts and circumstances of the case in view of his bail in crime stage and without expressing any opinion on the merits of the case, I am of the opinion that the petitioner is entitled for bail. Hence, I pass the following:
ORDER The Criminal Petition is allowed.
The petitioner-accused No.1 is ordered to be released on bail, in Crime No.118/2017 of Sampigehalli Sub-Division Police Station, Bengaluru for the offences punishable under Sections 341, 417, 419, 420, 354 and 397 of IPC, subject to the following conditions:-
(i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum to the satisfaction of the trial Court/Committal Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court, and (v) Petitioner shall mark their attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday for a period of six months or till commencement of trial whichever is earlier.
SD/- JUDGE KA