IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8113 OF 2019 BETWEEN:
SRI. ASHWIN N. SHETTY S/O NAVEEN SHETTY AGED ABOUT 20 YEARS OCCUPATION: BUSINESS R/O. NO.18/A, 16TH CROSS 5TH MAIN ROAD, RMV EXTENSION SANJAY NAGAR, BENGALURU-560094.
(BY SRI. H. MALATESH, ADV.) AND:
THE STATE – THROUGH THE CIRCLE INSPECTOR OF POLICE BASAVANAHALLI POLICE CHIKMAGALURU DISTRICT (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01).
(BY SRI. ROHITH B.J. HCGP) - - -
… PETITIONER … RESPONDENT This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on Bail in Cr.No.132/2016 (S.C.No.34/2018) of Basavanahalli P.S. Chikkamagaluru for the offence P/U/S 364A, 395, 386, 342, 324, 506, 120B R/W 149 of IPC.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent – State and perused the records.
2. The petitioner is arraigned as accused No.12 in S.C.No.34/2018 on the file of the Prl. District and Sessions Judge, Chikkamgaluru for the offences under Sections 364A, 395, 384, 342, 307, 166, 166(a), 120(B) read with 149 of IPC and Section 78(ii) of the Karnataka Police Act, 1963. The petitioner was enlarged on bail on conditions and he appeared before the Trial Court on several occasions, and thereafter he remained absent, on which dates exemption applications were filed and he was exempted from appearance. But, subsequently, he remained absent before the Court on 10.10.2019 and NBW was issued to him. For the purpose of recalling the said order, he voluntarily surrendered on 28.10.2019 and made an application under Section 70(2) of Cr.P.C. for recalling of the said warrant on the ground that he was suffering from illness. But the Trial Court found that no medical records were shown or produced before the Court. Therefore, it rejected the said application on 28.10.2019. Subsequently, on 02.11.2019, he made an application for grant of regular bail under Section 439 of Cr.P.C. But, on 06.11.2019, the said application came to be rejected. Being aggrieved by the same, the petitioner is before this Court for grant of bail.
3. Of course, the petitioner absented himself on various occasions. But the records also show that he was also present on several occasions and it is not that only on the absence of the petitioner, the trial has been delayed. The charges have not been framed and therefore, the accused has been in jail for more than 8 days for the mistake committed by him in absenting himself and without producing any documents to show his illness before the Trial Court.
4. Under the above said facts and circumstances of the case, in my opinion, the petitioner might have learnt a lesson that what would be the consequence if he remains absent before the Trial Court without any ground for exemption. Under the above said facts and circumstances of the case, by means of stringent conditions, the petitioner is entitled to be enlarged on bail on costs. Hence, I pass the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C. No.34/2018 (Crime No.132/2016 of Basavanahalli Police Station) on the file of the Prl. District and Sessions Judge at Chikkamagaluru for the alleged offences punishable under Sections subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (One lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
vi) This bail order will not come to the help of the petitioner if he remained absent on any two consequent dates before the Trial Court without intimation to the Court and exemption application is filed and exempted by the Court for any genuine reason.
vii) The petitioner shall also deposit a sum of Rs.2,000/- before the Trial Court towards the expenses and the same shall be forfeited to the State after termination of the proceedings.
Sd/- JUDGE RV