IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No.2496 OF 2019 Between:
Sri. Tony, Son of Christy, Aged about 30 years, R/o. Pottery town, J.C. Nagar, Bengaluru-560 046.
(By Sri. Prashanth H.S., Advocate) And:
The State of Karnataka By J.C. Nagar Police Station, Bengaluru, Rep. by its State Public Prosecutor, High Court Complex, Bengaluru-560 001.
(By Sri. I.S. Pramod Chandra, SPP-II) ... Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr. No.193/2013 (C.C. No.31662/2014) of J.C. Nagar P.S., Bangalore for the offence p/u/s 307, 323, 324, 504, 506 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition is filed seeking bail under Section 439 of Cr.P.C. by Accused No.3 in Crime No.193/2013 of J.C. Nagar Police Station, Bengaluru registered for the offence punishable under Sections 307, 324, 506, 504, 323 read with Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioner and the learned SPP-II appearing for the respondent-State.
3. FIR came to be registered on the complaint of one Kumar against four persons. The case of the prosecution is that, on 26.12.2013 at about 7.30 p.m., when the complainant along with his friends were in School playground, Pottery Town, the accused/petitioner and other accused persons picked up quarrel with him and also assaulted one Gopi on the ground that he had given a soiled currency note of Rs.500/-. When the complainant went to pacify the quarrel, the accused-petitioner and other accused persons assaulted the complainant and his brother and also gave life threat.
4. The learned counsel appearing for the petitioner submitted that the petitioner was released on bail during the crime stage. He was unable to appear before the learned Magistrate as such the learned Magistrate issued NBW and in view of the same, he was arrested again on 16.03.2019 and since then, he has been in judicial custody. He submits that the petitioner was not aware of the pending case and he was under an impression that the case was closed against him.
5. Per contra, the leaned SPP submits that the petitioner has intentionally avoided the NBW, thereafter police have arrested him. He submits that if the petitioner is released on bail, then there is likelihood of fleeing from justice and accordingly, he seeks to dismiss the petition.
6. It is not disputed that the petitioner was enlarged on bail during the crime stage. Subsequently, he came to be arrested in view of the NBW issued by the learned Magistrate. The petitioner has been arrayed as Accused No.3. Accused Nos.1 and 2 are facing trial. Considering the entire facts and circumstances of the case, I am of the view that the petitioner may be enlarged on bail.
7. Hence, I pass the following:
ORDER The petition is allowed. The petitioner is ordered to be released on bail in Crime No.193/2013 registered in J.C. Nagar Police Station for the offence punishable under Sections 307, 323, 324, 504, 506 read with Section 34 of IPC, subject to the following conditions:-
(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the Trial Court;
(ii) The petitioner shall not tamper with the prosecution witnesses and shall not hamper the case of the prosecution in any manner;
(iii) The petitioner shall regularly attend the Court proceedings.
sd/- JUDGE snc