IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2603/2019 Between:
Sayed Fazal, S/o Sayed Amer Basha, Aged about 26 years, R/at Iliyaz Nagara, Fayal Wadi, Bengaluru – 560 001. … Petitioner (By Sri. K.N. Narayanaswamy, Advocate) And:
The State of Karnataka, Ijoor Police Station, Ramanagara – 18, Rep. by State Public Prosecutor, High Court of Karnataka, Bangalore – 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.181/2013 (S.C. No.46/2015) of Ijoor Police Station, Ramanagara District for the offence p/u/s 306 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 S.C.No.46/2015.
2. A complaint was filed as regards the offence under Section 306 of IPC and on the basis of the complaint, Crime No.181/2013 came to be registered. Petitioner had obtained regular bail on 24.01.2014 in Crl.Misc.No.34/2014. It is stated that the petitioner was regular in appearance before the trial Court but during the committal proceedings, petitioner did not receive any notice and subsequently, due to issuance of non- bailable warrant, petitioner has been arrested.
3. The order sheet maintained by the Court in S.C.No.46/2o15 also reveals that summons issued by the Sessions Court during the committal proceedings was not served on the petitioner and non-bailable warrant came to be issued.
4. Learned High Court Government Pleader, however, points out that address given by the petitioner as well as surety not being correct, service of notice could not be completed in the normal course.
5. Taking note of the fact that the petitioner was earlier enlarged on bail and also that the notice was not served by the Sessions Court when non-bailable warrant was issued, petitioner is entitled for another opportunity. Accordingly, petitioner is entitled to be enlarged on bail.
6. In the result, 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.181/2013 for the offence punishable under Section 306 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one solvent surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) 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