IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10136/2017 BETWEEN:
SHOYAB KHAN @ SHOYEB S/O LATE AFEEZ KHAN, AGED ABOUT 27 YEARS, R/AT NO.28, 8TH CROSS, SHANTHINAGAR, MYSURU, MYSURU DISTRICT-577214 (BY SRI LETHIF B, ADV.) AND THE STATE OF KARNATAKA BY LAKSHMIPURAM POLICE STATION, MYSORE DISTRICT, REP BY SPP, HIGH COURT BUILDING, BANGALORE-560001 (BY SRI. CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.132/2009 OF LAKSHMIPURAM P.S., MYSORE CITY FOR THE OFFENCE P/U/S 392 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The respondent-Police registered a case against the petitioner in Crime No.132/2009 in respect of offences punishable under Sections 392 of IPC.
3. The case of the prosecution is that the petitioner and other accused were arrested in respect of offences punishable under Section 397 of IPC in C.C.1231/2012 and petitioner and other accused appeared in the said case and they were enlarged on bail. Later, the petitioner remained absent on series of hearing dates and NBW was issued against him by the learned Magistrate.
3. Learned HCGP submits that even proclamation was issued by the trial court. It is further stated that the petitioner was arrested by virtue of NBW that was ordered by the trial court.
4. In the circumstances, it is clear that the petitioner was under the benefit of bail earlier in this case. Since the petitioner failed to comply with the bail conditions, he was arrested and kept in judicial custody. Hence, the petitioner is entitled to be released on bail.
5. Accordingly, petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.132/2009 registered by Lakshmipuram Police Station, Mysuru subject to the following conditions;
i) The petitioner shall pay penalty of Rs.10,000/- on the previous personal bond already executed.
ii) The petitioner shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
iii) The petitioner shall not leave the territory of the trial Court without prior permission till the completion of the trial.
iv) The petitioner shall mark his attendance before the Investigating Officer of the above case on every second Saturday at 9.00 p.m. until further orders.
v) In case, the petitioner were to remain absent on any of the hearing dates before he trial court, the bail granted under this order shall stand cancelled, ipso-facto.
Sd/- JUDGE DM