IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2778/2019 Between:
Sri. Johar S/o. Sheik Huder @ Hajdar Aged about 38 years, R/at No.307, Near House of Mumtaz, 6th Main, 10th Cross, Gangondanahalli, Bengaluru 560 073.
(By Sri. A. J. Kulkarni, Advocate) And:
The State of Karnataka By Chandra Layout Police Station, Bengaluru 560040.
Rep. by State Public Prosecutor, High Court Building, Bengaluru – 560 001.
(By Sri. K. P. Yoganna, HCGP) … Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to release the petitioner / accused No.5 on bail in S.C.No.213/2018 arising out of the Chandra Layout Police Station, Crime No.163/2017 for the alleged offence punishable un/s 395, 397 of IPC on the file of the learned LIX Addl. City Civil and Sessions Judge, Bengaluru City.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the execution of non-bailable warrant with respect to the proceedings in Sessions Case No.213/2018.
2. The petitioner was arrayed as accused pursuant to the proceedings in Crime No.163/2017 for the alleged offences punishable under Sections 395 and 397 of IPC.
3. It is stated that the petitioner obtained bail in the year 2018 as regards the proceedings in the case. It is further stated that after the committal proceedings, petitioner was not aware of the proceedings and notice was not served upon him.
4. Learned counsel for the petitioner produces the order sheet of the proceedings in S.C.No.213/200 and draws the attention to the entries in the order sheet, particularly, the entry in the order sheet on 16.04.2018.
5. It is noticed that the notice to the petitioner was not served and non-bailable warrant was issued. Noting that without service of notice, non-bailable warrant ought not to have been issued, the petitioner is entitled to be afforded another opportunity.
6. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Sessions Case No.213/2018 for the alleged offence punishable under Sections 395 and 397 of IPC of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer, once a month between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(iii) The petitioner shall appear before the concerned court on all the dates of hearing unless exemption is granted in accordance with law.
(iv) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(v) The petitioner shall not tamper with evidence, influence in any way any witness.
(vi) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP