IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6071/2019 BETWEEN:
ALEXANDER, S/O VIJAY, AGED ABOUT 20 YEARS, R/AT #78, 5TH CROSS, NILIGIRI PAPANNA BLOCK, SRIRAMPURA, BENGALURU – 560 021.
(BY SRI. MANJUNATHA B.V., ADVOCATE) AND:
STATE OF KARNATAKA, BY TARIKERE POLICE STATION, CHIKKAMAGALURU DISTRICT. REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
(BY SRI HONNAPPA, HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.261/2016 OF TARIKERE TOWN POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 395 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. The petitioner was granted with bail in S.C.No.96/2017 by virtue of the same, on 10.10.2017, the petitioner appeared before the Court and was enlarged on bail on executing a bond for a sum of Rs.50,000/-. On 02.11.2017, the petitioner has furnished surety and thereafter, the accused remained absent and warrant was issued against him. However, the order of the trial Court dated 02.07.2019, shows that on 13.06.2019, the petitioner voluntarily appeared before the Court and filed application for recalling NBW. Due to inadvertence by the Court and learned Counsel for the petitioner, NBW was recalled, though the bail granted to the petitioner earlier was cancelled. Therefore, on that ground, the trial Court has rejected the bail petition.
Subsequently, the petitioner was taken to custody on 26.06.2019.
3. Looking to the above said facts and circumstances of the case, the petitioner has shown that he has not absconded himself deliberately in order to hamper the trial. As the order sheet of the trial court indicates that he voluntarily appeared before the Court within a span of five months from the date of forfeiture of the bond executed by the accused.
4. Therefore, I am of the opinion that one more opportunity should be given to the petitioner to mend his conduct and to regularly appear before the trial Court and co-operate to dispose of the matter as expeditiously as possible and therefore, the petitioner is entitled to be enlarged on bail subject to the following order:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C.No.96/2017 pending on the file of the Principal District and Sessions Judge, Chikkamagaluru registered for the offence punishable under Sections 395 of IPC in Crime No.261/2016 of Tarikere Police Station, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
(v) The bail order shall not come to the aid of the petitioner, if he remains absent before the trial Court on any future two consecutive occasions without intimating the Court and without there being exemption granted by the Court.
(vi) The trial Court is at liberty to take the accused to the custody if any of the conditions are violated by the petitioner and shall proceed further with the trial.
Sd/- JUDGE nvj