IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4794/2019 BETWEEN NAVEEN AGED 28 YEARS S/O NAGARAJ R/AT. #1200, 17TH MAIN 6TH CROSS, AVALAHALLI BENGALURU – 560 049 ... PETITIONER (BY SRI. R. RANGANATH REDDY, ADVOCATE) AND STATE BY THE STATION HOUSE OFFICER BYATRAYANAPURA POLICE STATION BENGALURU CITY – 560 001 REP. BY THE SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001 …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO 181/2015 (S.C.NO.436/2016) OF BYATARAYANAPURA POLICE STATION BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent–State. Perused the records.
2. The petitioner was earlier enlarged on bail by the LXI Addl. City Civil and Sessions Judge at Bengaluru, vide order dated 29.05.2015 passed in Crl.Misc. No.3028/2015.
3. As could be seen from the order sheet of the trial Court dated 24.11.2016 in SC No.436/2016, on that day Accused No.3 was released on bail and also executed his personal bond for a sum of Rs.50,000/-. Thereafter, it appears the petitioner remained absent before the trial Court, which resulted in issuing warrant against him and after securing his presence, the accused was taken to custody on 25.10.2018 and since then he has been in judicial custody. The other accused persons are appearing before the trial Court. There are no other allegations against the petitioner that he is an anti-social element and he has involved in any other crime.
3. Looking to the above facts and circumstances, since the accused has been in jail for more than 10 months, he might have learnt a lession that what would happen if he remained absent before the trial Court. Therefore, in order to provide one more opportunity to the petitioner, it is just and necessary to grant bail to the petitioner on some stringent conditions. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner (A3)-Naveen shall be released on bail in connection with Crime No.181/2015 of Byatarayanapura Police Station registered against him for the offence punishable under Sections 399 and 402 of IPC, now pending on the file of LXI Addl. City Civil and Sessions Judge, Bengaluru, in SC No. 436/2016, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-
(Rupees One lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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, till the case registered against him is disposed of.
v) If the petitioner remains absent before the trial Court for two consecutive occasions without intimation to the court, this bail order will not come to the aid of the petitioner and the trial Court shall take him to the custody once again and proceed with the trial.
KGR* Sd/-
JUDGE