IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8818/2018 BETWEEN:
Shabaj Ali Khan @ Shabaj S/o Humayun Khan, Aged about 23 years, R/at No.310, 6th Cross, 1st Stage, Rajendra Nagar, Kesare, Mysore – 45. ...Petitioner (By Sri Pratheep K.C. Advocate) AND:
State of Karnataka, By Goruru Police Station, Hassan District Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Smt. Namitha Mahesh B.G, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.74/2015 of Goruru Police Sation, Hassan for the offence p/u/s 395 and 397 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 petitioner/accused No.6 under Section 439 of Cr.P.C to release him on bail in S.C.No.127/2018 pending on the file of III Additional District and Sessions Judge, Hassan (Cr.No.74/2015 of Goruru Police Station) for the offences punishable under Sections 395 and 397 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. It is the submission of the learned counsel for the petitioner that petitioner/accused No.6 has been released on bail by this Court in Crl.P.No.33/2016 by order dated 20.01.2016. He was regularly attending the trial before the Court below. Because of ill-health of his mother, as she was bed ridden, he did not appear before the Court below. As such, the learned Sessions Judge issued NBW, there was miscommunication to the learned counsel who was appearing on behalf of the petitioner-accused No.6. Now the NBW got executed and he has been taken into custody. He further submitted that he is ready to attend the Court regularly and also abide by the conditions imposed by this Court and ready to offer surety to the satisfaction of this Court. On these grounds, he prays to allow the petition and to release the petitioner/accused No.6 on bail.
4. Per contra, the learned High Court Government Pleader vehemently argued and submitted that this Court, while releasing petitioner/accused No.6 on bail, has imposed condition that he shall appear before the Court below regularly, but he has jumped the bail without just cause and has obstructed the proceedings before the Court below. On these grounds, she prays to dismiss the petition.
5. I have carefully and cautiously gone through the submissions of both the learned counsel appearing for the parties and perused the records.
6. It is not in dispute that the petitioner/accused No.6 has been released on bail by this Court in Crl.P.No.33/2016 vide order dated 20.01.2016. Thereafter, he was regularly appearing before the Court. It is the specific contention of the learned counsel for the petitioner that because of ill- health of the mother of the accused, as she was bed ridden, he did not appear before the Court below and even communication of the same to the learned counsel was not properly made. As such, NBW has been issued and he has been taken into custody. The said submission is having some force. Hence, I feel that if one more opportunity is given to the petitioner/accused No.6, it is going to meet the ends of justice. In that light, petition is allowed.
7. Petitioner/accused No.6 is ordered to be enlarged on bail in S.C.No.127/2018 pending on the file of III Additional District and Sessions Judge, Hassan (Cr.No.74/2015 of Goruru Police Station) for the offences punishable under Sections 395 and 397 of IPC subject to the following conditions:
1. Petitioner/accused No.6 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakh 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 be regular in attending the trial. If he jump the bail given by this Court for one time, the trial Court is at liberty to take him to custody till the trial is concluded.
5. He shall mark his attendance once in a month on every 1st day till the trial is concluded.
Sd/- JUDGE PYR