IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF JANUARY 2019 BEFORE THE HON’BLE Mr. JUSTICE B.A.PATIL CRIMINAL PETITION No.8889 of 2018 Between:
Syed Imtiyaz @ Imtiyaz, S/o Syed Mohammed Aleem, Aged about 22 years, Residing at No.489 (Old No.795), Dayananda Huts, Jayanagar III Block, Bengaluru – 560 011. …Petitioner (By Sri. A.S.Kulkarni, Advocate) And:
The State of Karnataka, By Siddapur Police Station, Bengaluru – 560 011.
Represented by State Public Prosecutor, High Court Building, Bangalore – 560 001. …Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.245/2015 (S.C.No.1376/2016) of Siddapur P.S., Bangalore for the offence P/U/S 307 read with 34 of IPC.
This petition coming on for orders, this day, the Court made the following:-
ORDER The present petition has been filed by the petitioner-Accused No.1 under Section 439 of Cr.P.C., to release him on bail in S.C.No.1376/2016 (Crime No.245/2015 of Siddapura Police Station) for the offences punishable under Sections 144, 147, 148 and 307 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioner.
3. It is alleged in the complaint that on 06.09.2015 at about 2.30 p.m., there was a quarrel between Accused No.1 and his friends on one side and one Rizwan on the other. When elder son of complainant by name Imran came there and tried to pacify the quarrel, Accused No.1-Imtiyaz, with an intention to commit his murder, stabbed him with knife on his chest, back and left hand fingers. As a result of the same, he sustained grievous injuries and a case was registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner has been released on bail and thereafter, a split up chargesheet was submitted to the Sessions Court. The Sessions Court issued summons, but without service of the summons, a non-bailable warrant has been issued. He further submitted that on surrendering before the Court on 31.10.2018, the Court below took him to custody and remanded to judicial custody. He is ready to abide by any conditions that may be imposed by the Court and ready to offer sureties. He prayed that he may be released on bail.
5. Learned High Court Govt. Pleader vehemently argued that the Sessions Court has secured the presence of the petitioners-accused only after issuance of the NBW. He had remained absent and the Court below had taken steps for issuance of the proclamation as contemplated under Sections 82 and 83 of Cr.P.C. Even after that the accused has not appeared before the Court. Thereafter, the accused was taken into custody. He submits that there are no good grounds to release the petitioner on bail.
6. I have carefully gone through the submission made by the learned counsels for the parties and also perused the records.
7. As could be seen from the records, Accused No.1 was enlarged on bail and after committal, the Court below has issued summons and the summons has not been served and thereafter, issued NBW as against Accused No.1. Thereafter, proclamation has also been issued and records show that on 31.10.2018, Accused No.1 voluntarily surrendered before the Court and he has been taken to custody.
In order to give him one more chance, I am of the opinion that petitioner-Accused No.1 can be released on bail.
8. In the light of the above discussion, the Petition is allowed. Petitioner-Accused No.1 is ordered to be enlarged on bail in Crime No.245/2015 of Siddapura Police Station in S.C.No.1376/2016 for the offences punishable under Sections 144, 147, 148 and 307 read with Section 149 of IPC, subject to following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for like sum before the Trial Court:
ii) He shall be regular in attending the trial;
iii) He shall not leave the jurisdiction of the Court without prior permission.
bnv* Sd/- JUDGE