IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8422/2018 BETWEEN:
Sameer @ Munna S/o Sulaiman Aged about 24 years R/at Fathima Manzil Near Eidgha, Katipalla, 2nd Block, Katipalla Village & Post Mangaluru-574 142.
(By Sri Ranjan Kumar P. Advocate for … Petitioner Sri Hashmath Pasha & Associates, Advocate) AND:
State of Karnataka by Konaje Police Station Mangaluru-574 142 Represented by Learned State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
… Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.193/2013 of Konaje Police Station, Mangalore City for the offences punishable under Sections 143, 147, 353, 279, 307 r/w Section 149 of Indian Penal Code.
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.3 under Section 439 of Cr.P.C. to release him on bail in Crime No.193/2013 of Konaje police station (SC No.117/2014) for the offences punishable under Sections 143, 147, 353, 279, 307 r/w Section 149 of IPC.
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 19.12.2013 at about 1.40 p.m. when the police and other officials were waiting on the road, the accused persons approached the complainant and while so waiting, the accused persons came in Maruti Swift Car and thinking that it is a same car, Police Officer gave a signal to stop, but the car was driven in a rash and negligent manner and went towards Thokkattu. As a result of the same, a case was registered.
4. It is further case of the prosecution that, thereafter the said case was committed to the Sessions Court and the accused persons including petitioner/accused No.3 moved this Court for releasing them on bail. This Court by an order dated 28.9.2015 released the accused on bail and thereafter accused No.3 has not appeared before the Court and Non-Bailable Warrant came to be issued and thereafter the presence of the accused No.3 was secured only on 31.5.2017. It is the submission of the learned counsel for the petitioner that since the petitioner/accused was apprehended in Crime No.43/2017 and he was in judicial custody at Kalburgi, he did not appear before the Court and he has not deliberately remained absent before the Court and has not violated the conditions of the bail. He further submitted that, he is ready to appear before the Court and face the trial and ready to abide by the conditions imposed by this Court. 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 totally there are nine cases have been registered. He further submitted that after release of the accused three cases have been registered against the petitioner/accused and even after grant of bail, he has deliberately not appeared before the Court and has remained absent and the Court has secured the presence of the accused only on 31.5.2017 by issuing Body Warrant against him. If the petitioner is released on bail, he may abscond and he may not be available for the trial. On these grounds he 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 the submission of the learned counsel for the petitioner that petitioner/accused No.3 was in judicial custody in connection with the cases from 29.8.2015 and he is enlarged on bail only after 31.5.2017. Now he is ready to adhere to the conditions imposed by this Court and ready to offer the sureties.
8. Though it is submitted by the learned High Court Government Pleader that nine cases have been registered against the petitioner/accused, it is the submission of the learned counsel for the petitioner that in all the cases he has already been enlarged on bail and now he is in custody only in this case. The alleged offences are not punishable with death or imprisonment for life. The petitioner/accused has undertaken to appear before this Court and face the trial. Then under such circumstances, I feel that by imposing some stringent conditions if the petitioner/accused No.3 is enlarged on bail, it is going to help the trial of the Court as well as it is going to meet the ends of justice.
9. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.3 is ordered to be released on bail in Crime No.193/2013 of Konaje police station, pending in S.C.No.117/2014 on the file of III Additional District and Sessions Judge, Dakshina Kannada, Mangalore, subject to the following conditions:
i) Petitioner shall execute a personal bond in 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 regularly appear before the Court till the trial is concluded.
iv) He shall not leave the jurisdiction of the trial Court without prior permission of the Court.
v) He shall mark his attendance once in 15 days in between 10.00 A.M. and 5.00 P.M. to the jurisdictional police, till the trial is concluded.
*AP/-
Sd/- JUDGE