IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.3077/2019 Between:
Subramani @ Subbu S/o. Chandrappa, Residing at No.202, 1st Cross, Behind MES Convent, 8th Block, Koramangala, Bengaluru.
Pin Code No.560 034. …Petitioner (By Sri. H. Jagadeesha, Advocate) And:
The State of Karnataka by Rammurthy Nagar Police Station, Bengaluru – 560 095.
Rep. by Public Prosecutor, City Civil Court Complex, Bengaluru – 560 001. …Respondent (By Sri. I.S. Pramod Chandra, SPP-II) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure praying to enlarge the petitioner on bail in Crime No.73/2012 (S.C.No.1911/2019) of Ramamurthy Nagar Police Station, Bengaluru for the offences punishable under Sections 302, 392 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has been arrayed as accused No.10 in S.C. No.1911/2018 pending on the file of LI Additional City Civil and Sessions Judge at Bengaluru City, for the offence punishable under Sections 120B, 302, 392 read with Section 34 of IPC.
2. The allegation against the petitioner is that he along with other accused persons committed murder of one Nirmala on 27.02.2012. The petitioner was granted bail in Crl.P.No.379/2013 by this Court vide order dated 22.02.2013. However, since the petitioner was absent before the Court below from 02.12.2017 to 19.01.2019, Non-Bailable Warrant came to be issued and he was arrested on 19.01.2019 and sent to judicial custody.
3. Learned counsel for the petitioner would submit that the absence of the petitioner is not intentional but for bona fide reasons. During that time he was suffering from serious ill health and he was unable to contact his counsel. He submits that the petitioner shall be regular in attending the Court on all future dates of hearing. Accordingly, he prays to allow the petition.
4. Learned SPP-II appearing for the respondent-State vehemently opposed the grant of bail to the petitioner contending that the petitioner was granted bail earlier. However, he has violated the conditions and therefore, he is not entitled for any relief from this Hon’ble Court.
5. The fact remains that the petitioner was earlier granted bail by this Court. The petitioner has remained absent from 02.12.2017 to 19.01.2019.
Learned Sessions Judge has observed that there is no iota of proof or evidence placed in respect of alleged illness of jaundice and since he has violated the bail conditions, his bail application came to be rejected.
6. There is no allegation of petitioner tampering with the prosecution witnesses and hampering the prosecution case. In view of the fact that the petitioner was earlier granted bail by this Court, I am of the view that one more opportunity may be given to him. Accordingly, I pass the following:-
ORDER 1. The petition is allowed;
2. The petitioner shall be enlarged on bail in S.C. No.1911/2018 on the file of the LI Additional City Civil and Sessions Judge at Bengaluru City subject to executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the learned Sessions Judge;
3. The petitioner shall attend the Court proceedings on all hearing dates;
4. The petitioner shall not tamper with any of the prosecution witnesses either directly or indirectly;
5. The petitioner shall inform the trial Court about his change of address, if any; and 6. If the petitioner fails to appear during the course of trial, then the learned Sessions Judge may proceed against the petitioner in accordance with law.
Sd/- JUDGE SJK