IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.3350/2019 BETWEEN:
Sri Jagadeesh D., S/o Devaraj, Aged about 39 years, R/at Koppa Village, Periyapatna Taluk, Mysore District – 571 235. ... Petitioner (By Sri Pratheep K.C., Advocate) AND:
The State of Karnataka, Rep. by Kushalnagar Rural Police, Kodagu District, Rep. by its State Public Prosecutor, High Court of Karnataka, Bangalore – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Criminal Procedure Code, praying to enlarge the petitioner on bail in Crime No.47/2016 of Kushalnagar Rural P.S., Kodagu District for the offences p/u/s 394, 307, 120B, 114, 201, 212 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner, learned HCGP for the respondent-State and perused the records.
2. The petitioner was arraigned as accused no.3 in the original charge sheet which culminated in S.C.No.94/2017 pending on the file of the I Additional District and Sessions Judge, Kodagu, Madikeri, for the offences punishable under Sections 394, 307, 120B, 114, 201, 212 r/w 34 IPC.
3. Without going to the merits of the case, it is seen from the records that accused was granted bail in Crl.Misc.No.370/2016 by the Sessions Court itself for the above said offences. But, subsequently he was absent before the court which resulted in split up case registered as S.C.No.3/2019 pending on the same court.
4. It is submitted before the court that due to some exigency and due to health problems, he could not able to appear before the court. For that reason, he had also suffered for having been in jail from 31.12.2018. He has contended that he will appear before the court on the dates of hearing and he will assist the court for final disposal of the case and one opportunity be granted to him to mend his conduct.
5. On perusal of the records, it is seen that there are no criminal antecedents and there are no other cases pending against him. Under the above circumstances, in my opinion, the petitioner is entitled to be enlarged on bail on stringent conditions.
6. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.47 of 2016 of Kushalnagar Rural Police Station, Kodagu (S.C.No.3/2019 - split of case) (Original S.C.No.94/2017) for the offences punishable under Sections 394, 307, 120B, 114, 201, 212 r/w Section 34 IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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) If the petitioner absent himself on any two consecutive dates before the trial court without informing the Court or the Advocate, he is not entitled to be continued on bail and the bail granted by this court will become infructuous and the petitioner will not be entitled for any relief thereafter.
Np/-
Sd/- JUDGE