IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7253/2019 BETWEEN:
Sri.Girish K Kulkarni S/o Krishnarao Kulkarni, Aged about 51 years, R/at No.S-42, Surabhi Regency, 5th Cross, Kirloskar colony, 3rd Stage, Basaveshawara Nagar, Bengaluru-560079. …Petitioner (By Sri.L.M.Chidanandayya, Advocate) AND:
State of Karnataka, Jayanagar Police Station, Bangalore-560041.
Rep. by SPP, High Court, Bengaluru-560001. ... Respondent (By Sri.Rohith B.J., HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.257/2018 (C.C.No.13417/2019) of Jayanagar police station, Bengaluru city for the offence punishable under Sections 353 and 506 of IPC.
This Criminal 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 HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused in Cr.No.257/2018 of Jayanagar police station, Bengaluru for the offence punishable under Sections 353 and 506 of IPC.
3. The allegations against the petitioner are that on 09.07.2018, when the petitioner was traveling in a BMTC bus, picked up quarrel with the conductor with retard to return of change. In that context, he abused the conductor in a filthy language and also assaulted him. On the said allegations, the complaint was lodged against him. Having investigated the matter, the respondent police filed a charge sheet against the petitioner.
4. On careful perusal of the entire records, it shows that, the learned Sessions Judge has rejected the bail petition filed by the petitioner in Crl.Misc.No.8040/2019 dated 12.09.2019 on the ground that, though the petitioner was enlarged on bail at the initial stage but violated the terms and conditions of the bail. But the order sheet of the trial Court clearly disclose that the accused was never released on bail as it is specifically noted in the order sheet that “the accused is absconding, register a criminal case and issue NBW”. Even in the objection statement filed by the learned public prosecutor before the Sessions Court, the accused was not secured at any point of time. The facts being so, it is not come to the knowledge of this Court that as to how, the learned Sessions Judge got information that the accused was enlarged on bail at the crime stage and has violated the terms and conditions of the bail. The same has to be ascertained by the learned Sessions Judge. Therefore, I am of the opinion that there is no prima-facie ground to reject the bail petition of the petitioner. Hence, the petition is entitled to be enlarged on bail as the matter is of the year 2018 and charge sheet has already been filed and the alleged offences are not seriously punishable. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner (accused) shall be released on bail in the event of his arrest in connection with C.C.No.13417/2019 on the file of the II A.C.M.M., Bengaluru for the offence punishable under Sections 353 and 506 of IPC subject to the following conditions:-
i. The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one surety 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.
Sd/- JUDGE JS/-