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.1106/2019 BETWEEN:
Shivaraj Kumar @ Rihan S/o Anantharaju, Aged about 27 years, R/at No.73, 3rd Cross, In front of Venkateshwara College, Maruthinagara, Madiwala, Bengaluru-560 068. ...Petitioner (By Sri K. Ram Singh, Advocate) AND:
State of Karnataka by Madiwala Police Station, Bengaluru-560 068.
Rept. by Government Pleader High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Smt. Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.576/2015 of Madivala Police Station, Bengaluru City for the offences punishable under Sections 364-A, 384, 506 and 323 read with 34 of IPC.
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.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.576/2015 of Madivala Police Station, Bengaluru City for the offences punishable under Sections 364(A), 384, 506, 323 read with 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. It is the submission of learned counsel for the petitioner that this Court had granted bail to accused No.1 in Crl.P.No.3347/2015 vide order dated 26.06.2015, he was regularly appearing before the Court, as he was suffering from jaundice, he could not appear before the Court and even though he has instructed the learned counsel to file exemption, due to miscommunication, he has not filed the same. The Court below has issued the warrant and the same has been executed and now, he is in judicial custody. Learned counsel further submitted that the petitioner- accused No.1 is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner has jumped the bail and even inspite of issuance of NBW, he was not secured, ultimately, NBW was executed against the petitioner-accused No.1 as he was absconding. It is further stated that if the petitioner is enlarged on bail, he may again abscond and it will become difficult for the Police to secure the petitioner. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel for both the parties and perused the records.
7. It is not in dispute that the petitioner- accused No.1 was released on bail by this Court in Crl.P.No.3347/2015 vide order dated 26.06.2015, thereafter, the petitioner was appearing before the Court below and later he has jumped the bail. The Court below issued NBW, as the petitioner did not appear. It is the specific contention of the learned counsel for the petitioner that he was suffering from jaundice, as such, he could not appear before the Court. It is the contention of the learned High Court Government Pleader that though, NBW has been issued, the Police have made all efforts to secure the petitioner. If the petitioner-accused No.1 is enlarged on bail, it will be very difficult for the Police to secure and make him present before the Court. The said apprehension can be taken care of, if stringent conditions are imposed on him and by giving one more opportunity to the petitioner, no prejudice would be caused.
8. Taking into consideration the above facts and circumstances of the case, criminal petition is allowed. Petitioner-accused No.1 is enlarged on bail in Crime No.576/2015 of Madivala Police Station, Bengaluru City for the offences punishable under Sections 364(A), 384, 506, 323 read with 34 of IPC, subject to the following conditions:
1. Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., to the jurisdictional Police Station till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall be regular in attending the Court, if he remains absent for a single day then under such circumstances, the trial court is at liberty to cancel the bail.
Sd/- JUDGE RB