IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8471/2018 Between:
Somashekara @ Soma Son of late Narasaiah Aged about 35 years Resident of Channappanapalya Jogarahatti Tumakuru – 572 102. ...Petitioner (By Sri Manjunath M.R., Advocate for Sri R.Vasanthkumar, Advocate) And:
The State of Karnataka By Thilak Park Police Station Tumkur – 572 102 Rep by its Government Pleader High Court Complex Bengaluru – 560 001. ...Respondent (By Sri. K.P.Yoganna, 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.169/2015 (C.C.No.6365/2015) registered by Thilak Park Police Station, Tumkuru for the offence punishable under Sections 399 and 402 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.3 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.169/2015 (C.C.No.6365/2015 of Thilak Park Police Station, Tumakuru for the offences punishable under Sections 399 and 402 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 13.10.2015 at about 9.00 p.m. the police have received credible information that in the graveyard situated adjoining Jayapura Ring Road, the accused persons have assembled and preparing to commit docoity and they were also holding deadly weapons. Immediately, the police have apprehended the accused and produced before the Court and a case has been registered and after investigation, charge-sheet has been filed.
4. It is the submission of the learned counsel for the petitioner that after the accused was released on bail, he has not appeared for three consecutive dates. As a result, NBW was issued and he was taken to custody and as such, the petitioner is in judicial custody. It is his further submission that some time the Court was vacant so he was under the impression that only after Court resumes he has to file application for recall of the warrant. But in the meanwhile, he has been apprehended and sent to custody. He is having parents and family members and he is ready to abide by any conditions imposed by this Court and also ready to offer surety. He further submitted that the alleged offences are not punishable with death or imprisonment of life. On these grounds, learned counsel fro the petitioner prays to allow the petition and to release the petitioner/accused No.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner – accused No.3 has violated the condition imposed at the time of releasing him on bail. He further submitted that rowdy-sheet has been opened in respect of the petitioner – accused No.3. He contends that on all dates of hearing, the petitioner – accused No.3 has remained absent and he has been secured on NBW. If, now the petitioner – accused No.3 is enlarged on bail, he may abscond or he may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition.
7. On going through the said records it is seen, earlier accused No.3 – petitioner has been released on bail. Only because he has remained absent, NBW was came to be issued and thereafter, he was taken to custody. It is the submission of the learned counsel for the petitioner that the case was not committed and even for some time, the Presiding Officer was on leave and as such, the petitioner – accused No.3 remained absent. A perusal of the order sheet indicates that for some time the Presiding Officer has also applied for leave and the Court proceedings were also not there. Moreover, the alleged offences are not punishable with death or imprisonment for life. Hence, petitioner – accused No.3 is ordered to be released on bail to meet the ends of justice. Though it is submitted by the learned High Court Government Pleader that the name of petitioner – accused No.3 has been found in rowdy-sheet, it is his submission that petitioner – accused No.1 is involved in only one case. Under such circumstances, in my view the said submission is not going to affect the case of the petitioner – accused No.3.
8. In that light, petition is allowed Petitioner/accused No.3 is enlarged on bail in Crime No.169/2015 (C.C.No.6365/2015) of Thilak Park Police Station for the offences punishable under Sections 399 and 402 of IPC subject to the following conditions:-
1. Petitioner/accused No.3 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., and 5.00 p.m., before the jurisdictional police.
4. He shall not tamper the prosecution evidence in any manner directly or indirectly and shall not indulge in similar type of criminal activities.
5. If he disobey the condition of this Court, the Court is at liberty to cancel the bail Sd/- JUDGE nms