THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9013/2017 BETWEEN:
Sri. Sridhar. S.N. @ Military @ Sagar, S/o. Shivaraj, Aged about 25 years, R/o. No. 479, Near Provision Store, Gangamma Temple Road, 8th Cross, Bhuvaneshwari Nagar, Subramanyapura, Bengaluru -560 061.
(By Sri. Bharath Kumar V., Advocate) AND:
State of Karnataka, Through Station House Officer, Thalaghattapura Police Station, Bengaluru -560 062.
...Petitioner …Respondent (By Sri. Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.154/2015 (S.C.No.185/2015) of Thalaghattapura P.S., Bangalore for the offence P/U/S 395 of IPC.
This Criminal Petition is coming on for order this day, the Court made the following:
ORDER This is the petition filed by the petitioner/accused No.7 under Section 439 of Cr.P.C. seeking release on bail for the alleged offenses punishable under Section 395 of IPC, registered by the respondent Police in crime No. 154/2015. Now the matter is pending before S.C. No.185/2015.
2. Heard the arguments of the learned counsel for the petitioner/accused No.7 and also the learned High Court Government Pleader for the respondent State.
3. Learned counsel drew the attention of this Court to the entire order sheet and submitted that bail was already granted considering merits of the case by the Sessions Court. He also submitted that this Court has granted bail to some of the accused. But subsequently the petitioner remained absent on hearing dates. It was noticed by the Court that he is involved in another case and therefore body warrant was issued against him. Learned counsel for the petitioner made submission that the bail granted was never cancelled, hence, it is the submission to allow the petition and grant bail to the petitioner/accused No.7. Learned counsel submitted that he will be present before the court on all hearing dates. He will not remain absent. In that regard, stringent conditions may be imposed.
4. Learned High Court Government Pleader opposes the bail petition and submitted that his conduct of remaining absent before the court itself shows that if again bail is granted, he may abscond and put hurdles to the progress of the case. Hence he submitted that the petitioner is not entitled for grant of bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint and the other materials placed on record, submissions made by the learned counsel for the petitioner so also the entries in the order sheet, produced in support of the contention of the petitioner.
6. Looking to the materials, so far as the case is concerned, merits were also considered by the concerned sessions court and granted bail and as he remained absent again, he was taken to custody. However, by imposing stringent conditions he can be admitted to bail.
Petition is allowed. Petitioner /accused No.7 is released on bail subject to following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned trial Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
iv. In case if he again remains absent, prosecution is always at liberty to move the court seeking cancellation of the bail.
Sd/- JUDGE BVK