IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7592/2017 BETWEEN:
Sri. Jayanth Kumar, S/o. Basappa, Aged about 47 years, R/o. Kowdahalli Village, Kasaba Hobli, Sakaleshpura Taluk, Hassan -573 134. ... Petitioner (By Sri. N.P. Kallesh Gowda, Advocate) AND:
State of Karnataka By Sakaleshpura Town Police, Hassan -573 134. … Respondent (By. Sri. S. Vishwamurthy, HCGP) This Criminal Petition is filed under Section 439 (1) (b) of Cr.P.C. praying to modify the order dated 15.03.2017 (Annexure-A) and relax the condition No.(i) of the order dated 15.03.2017 and extend the time for a period of 2 weeks for the petitioner to voluntarily surrender before the jurisdictional court and to seek regular bail.
This Criminal Petition is coming on for orders this day, the Court made the following:
ORDER Learned HCGP takes notice for the respondent.
2. The petitioner apprehends arrest by the respondent Police in their crime No. 100/2016 registered in respect of the offences punishable under Section 4(1A), 21 of Mines and Minerals Regulation of Development Act 1957 (MMRD) and Section 379 of IPC.
3. In fact this is the second petition of similar nature before this Court. His previous petition in Criminal Petition No. 2256/2017 was allowed vide Order dated 15.03.2017. Thereby ordering his release on execution of self bond and surety bonds in the event of his arrest/voluntary surrender before the police or Magistrate on or before 31.03.2017.
4. It is the case of the petitioner that since he was suffering from nerve problem and was out of station for medical check up, he had no information about the order passed by this Court. However, during the second week of September 2017 when he enquired with his Advocate, he was informed that he was supposed to appear before the Jurisdictional Court on or before 31.03.2017. His nonappearance is for a bonafide reason and he undertakes to surrender before the Court if anticipatory bail is granted for a limited period.
5. Petition is allowed. Petitioner is granted anticipatory bail for a period of three weeks in crime No. 100/2016 registered by the respondent police. Within the above period he shall surrender before the concerned Court and move for regular bail. In the event of his arrest within the above period he shall be released on executing a self bond for a sum of Rs.1,00,000/- with one surety for the likesum. Till disposal of his regular bail petition this order will be in force.
Sd/- JUDGE BVK