IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1st DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.6798/2018 BETWEEN :
Sri Venkata Subba Raju @ Subba S/o late Srinivasaraju Aged about 35 years No.34, Near Goa Hotel 20th Cross, Karagappa Garden Sampangiram Nagar, Bengaluru-560 005.
(By Sri Lakshmikanth K., Advocate for Sri N.Somashekar, Advocate) AND :
… Petitioner The State of Karnataka by Fraser Town Police Station, Bengaluru, Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001 … Respondent (By Smt. Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.273/2009 of Fraser Town Police Station, Bengaluru, for the offences punishable under Sections 120B, 420, 408 r/w. Section 34 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in CC.No.11459/2016 on the file of the IV Additional CMM, Bengaluru, arising out of Crime No.273/2009 of Fraser Town Police Station for the offences punishable under Sections 120B, 420, 408 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. It is the submission of the learned counsel for the petitioner that earlier petitioner was released on anticipatory bail. Thereafter because of ill-health of his mother, he remained absent and the Court below has issued NBW. He further submitted that the petitioner has not deliberately remained absent before the trial Court. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Already in the split up case the evidence has been recorded and the petitioner is ready to appear before the Court if he is enlarged on anticipatory bail by imposing some conditions. On these grounds, he prayed to allow the petition.
4. Per contra, the learned HCGP vehemently argued and submitted that the petitioner is absconding since 2009 and the Court below has issued NBW. No reasons have been assigned to grant the bail. The petitioner has already jumped the bail granted by the trial Court. On these grounds, she submitted that the petitioner is not entitled to be granted anticipatory bail and hence she prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
6. It is the case of the prosecution that the petitioner along with other accused persons approached the complainant-bank and by pledging the gold ornaments obtained the loan. Subsequently when the said loan was got released, the bank obtained valuation on the said ornaments and came to know from the valuer of the bank who has appraised and testified the genuineness of the ornaments pledged by the accused that by playing fraud they have obtained the loan. The said matter has to be appreciated and considered only at the time of trial.
7. It is the submission of the learned counsel for the petitioner that mother of the petitioner was sick and she expired on 9.1.2018. The petitioner is the only son and due to utter shock and performance of other ceremonies he has not attended the Court and the Court below has issued NBW. The records go to show that the petitioner has been released on anticipatory bail. But subsequently he remained absent and the Court below has issued NBW. I feel that by imposing some stringent conditions, if the petitioner is granted anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioner-accused No.1 is granted anticipatory bail. In the event of his arrest in CC.No.11459/2016 on the file of the IV Additional CMM, Bengaluru, arising out of Crime No.273/2009 of Fraser Town Police Station for the offences punishable under Sections 120B, 420, 408 r/w. Section 34 of IPC, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall surrender before the trial Court within fifteen days from today.
iii) He shall be regular in attending the trial.
iv) He shall mark his attendance once in fifteen days before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
Sd/- JUDGE *ck/-