IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4528/2019 Between:
Salmayeen Basha @ Salmayeen, Aged about 27 years, S/o Nazeer Ahmed, Residing at No.217, Near Ganesha Temple, Old Market Road, Bharathinagar, Bengaluru – 560 001. … Petitioner (By Sri M. Prakasha, Advocate) And:
State of Karnataka by Thilaknagar P.S., By State Public Prosecutor, High Court Building, Bangalore City – 01. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.111/2014 (S.C. No.1053/2016) of Thilaknagar P.S., Bangalore for the offences p/u/s 399, 402 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the execution of non-bailable warrant in connection with the proceedings in S.C.No.1053/2016.
2. The case of the prosecution is that a complaint was filed as regards the alleged commission of offences under Sections 399 and 402 of IPC and the petitioner was arrayed as accused No.1. It is stated that in the course of such proceedings, petitioner had been enlarged on bail. It is stated that consequent to the committal proceedings, the petitioner though initially appeared before the Sessions Court, subsequently as he was not regular in his appearance, non-bailable warrant issued at an earlier point of time came to be recalled by order dated 27.04.2019. It is stated that subsequently petitioner has again absented himself from appearing before the Court allegedly due to bona fide health reasons.
3. Learned counsel for the petitioner states that he may be afforded another opportunity and be put to strict terms to ensure that the trial is concluded expeditiously.
4. It is noticed that the petitioner is in custody since 13.06.2019. It is also to be noted that there are no criminal antecedents and the said assertion remains uncontroverted. The petitioner had been enlarged on regular bail at an earlier point of time. Taking note of the punishment prescribed for the said offences, it would be a case to afford another opportunity to the petitioner. However, necessary conditions are to be imposed to ensure his co-operation in the trial.
5. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.111/2014 (S.C.No.1053/2016) for the offences punishable under Sections 399 and 402 of IPC subject to the following conditions:-
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with two sureties for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall appear before the concerned court on all the dates of hearing unless exemption is granted in accordance with law.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer, once in a week between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(iv) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(v) The petitioner shall not tamper with evidence, influence in any way any witness.
(vi) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vii) The petitioner shall not indulge in any criminal activities of like nature.
(viii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP