IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 8676 OF 2018 BETWEEN:
1. Sri.Sathish S/o.Nanjegowda, Aged about 28 years 2. Sri.Santhosh S/o.Nanjegowda, Aged about 26 years 3. Smt.Rajamma W/o.Nanjegowda, Aged about 45 years Petitioners 1 to 3 are R/at Balganchi Village, Hirisave Hobli, Channarayapatna Taluk, Hassan District – 572 820 ...Petitioners (By Sri.A.N.Radhakrishna, Advocate) AND:
The State of Karnataka By Hirisave Police Station, Represented by The State Public Prosecutor, High Court Buildings, Bengaluru – 560 001 ...Respondent (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439(1) (b) of Cr.P.C praying to modify the condition No.2 i.e., “They shall appear before trial Court on the date of hearing or within 15.02.2018 which ever is later”, imposed in Crl. Misc. No.13/2018 on the file of IV Additional District and Sessions Judge, Hassan District (Sit at Channarayapatna) dated 12.01.2018 in Cr. No.98/2017 of Hirisave Police Station, circumstances stated above, permit them to appear before the trial Court.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners- accused Nos.1 to 3 under Section 439 (1) (b) of Cr.P.C. to modify the condition No.2 imposed by IV Additional District and Sessions Judge, Hassan district, sitting at Channarayapatna in Criminal Miscellaneous No.13/2018 dated 12.01.2018.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-state.
3. It is the submission of the learned counsel for the petitioners that petitioners-accused Nos.1 to 3 approached for grant of anticipatory bail in C.C.No.1509/2017 on the file of Prl. Civil Judge(Jr. Dn.) & JMFC, Channarayapatna in Crime No.98/2017 of Hirisave Police Station for the offences punishable under Sections 323, 324, 504, 506 read with Section 34 of IPC. The learned District Judge has allowed the petition and granted the anticipatory bail and directed the petitioners-accused Nos.1 to 3 to appear before the trial Court on the date of hearing or within 15.02.2018 which ever is later. He further submitted that now the charge sheet has been filed and if the petitioners-accused Nos.1 to 3 go and appear before the Court they may be taken to the custody. He further submitted that already investigation has been proceeded and the charge sheet has been filed, even the petitioners-accused Nos.1 to 3 have also co-operated during the course of investigation to draw the mahazar and the police has also recovered the said articles which has been used for the purpose of commission of the offence. He further submits that the alleged offences are not punishable with death or imprisonment for life. On these grounds he prays to modify the condition No.2 imposed by IV Additional District and Sessions Judge, Hassan district, sitting at Channarayapatna.
4. Per contra, the learned High Court Government Pleader that, there is a grave breach of condition No.2 by the petitioners-accused Nos.1 to 3. Though there was a direction by the Court while granting the anticipatory bail to appear before the trial Court on the date of hearing or within 15.02.2018 which ever is later, but in spite of directions they have not appeared, there are no good grounds to relax the condition No.2.
5. I have carefully and cautiously gone through the contents of the complaint and other materials which has been produced and the submissions made by the learned counsel appearing for the parties and perused the records.
6. It is true that the learned IV Additional District and Sessions Judge, Hassan district, sitting at Channarayapatna, while allowing the Crl. Misc. No.13/2018 by an order dated 12.01.2018 has imposed certain conditions, condition No.2 reads as under:-
“They shall appear before trial Court on the date of hearing or within 15.02.2018 which ever is later”.
7. On close reading of the said condition, the direction has been issued to the petitioners-accused Nos.1 to 3 to appear before trial Court on the date of hearing or within 15.02.2018 which ever is later, but there is non-compliance of the said condition.
8. It is the submission of the learned counsel for the petitioners that already charge sheet has been filed and the petitioner-accused Nos.1 to 3 are ready to appear before the Court and as such the condition No.2 may be relaxed.
9. I feel instead of asking petitioners-accused Nos.1 to 3 to appear before the Court below within 15.02.2018, if a direction is given to appear before the trial Court within 15 days from today, it is going to meet the ends of justice.
10. In that light, petition is allowed and the petitioners-accused Nos.1 to 3 are hereby directed to appear before the trial Court within 15 days from today.
Sd/- JUDGE KPS