IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.3823 OF 2019 BETWEEN:
Ms. Usha.P D/o. Late Purushotham, Aged about 25 years, Residing at No.1076, Chinnappa Naidu Building, Vayalikaval, Bengaluru-560 003.
(By Sri. Nitin R, Advocate) AND:
1. State of Karnataka By Banaswadi Police Station, Bengaluru-560 043, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru.
2. M.V.L. Manoj Kkumar, S/o. T.M. Lokanathan, Aged about 32 years, R/o. No.806, 3rd Cross, 8th Main Road, HRBR Layout, 1st Block, Kalyan Nagar, Bengaluru-560 043.
...Petitioner Also at his Permanent residence, No.1/548a C 3/3, Cauvery Nagar, 10th Cross, South Kathur, Thiruvarambur Taluka Kattur, Tiruchirapalli, Tamil Nadu-620 019.
(By Sri. M. Divakar Maddur, HCGP for R-1; Sri. Amar Correa, Advocate for R2).
...Respondents This Criminal petition is filed under Section 439(2) of the code of Criminal Procedure, praying to cancel the bail granted to the 2nd respondent/accused in Crl.P.No.1390/2019 vide order dated 23.04.2019 of this Hon’ble Court and further be pleased to direct the 1st respondent to produce the case dairy.
This Criminal petition coming on for Orders, this day, the Court made the following:
ORDER This petition has been filed by the petitioner- complainant for cancellation of the bail granted to respondent No.2 – accused, vide order dated 23.04.2019 in Crl.P.No.1390/2019.
2. I have heard the learned counsel for the petitioner- and also learned HCGP for respondent No.1 and learned counsel for respondent No.2-accused.
3. It is the contention of the learned counsel for the petitioner-complainant that this Court by order dated 23.04.2019 allowed the petition and granted anticipatory bail with certain conditions. But the accused has not complied the said conditions, he has not surrendered before the investigating officer and has not marked the attendance and has not obtained any permission of the Jurisdictional Court to leave the Jurisdiction. It is his further submission that this Court has ordered the accused-respondent to mark his attendance once in 15 days till charge sheet is filed. But he has not complied the said order. It is his further submission that he is not residing within the Jurisdiction of the Court and though the charge sheet has been filed, he has not appeared before the Court till date and it has become difficult for the Court to secure his presence. On these grounds, he prays to allow the appeal and cancel the bail granted on 23.04.2019.
4. Per contra, learned counsel for the respondent No.2-accused vehemently argued and submitted that in pursuance of the order dated 23.04.2019, respondent No.2 - accused has complied all the conditions before the Court and all the conditions have been fulfilled by the accused. He has marked his attendance as ordered by this Court. There is no breach of conditions. Learned HCGP submitted that he has got information about the compliance of the said order.
5. After hearing learned counsel appearing for the parties, this Court in order to verify the correctness of the submission made by the counsel appearing for the parties by order dated 17.10.2019 directed the investigating officer of Banaswadi Police Station to bring the records pertaining to M.V.L.Manoj Kumar in Crime No.12/2019 to know whether respondent No.2-accused has complied the conditions imposed by this Court in Crl.P.No.1390/2019 dated 23.04.2019. In pursuance of the order of this Court, Sri. Jayaraj H, Police Inspector, Banaswadi Police Station, is present along with original files of respondent No.2 – accused.
6. I have carefully and cautiously gone through the said records and they indicate that in pursuance of the order dated 23.04.2019 respondent No.2 - accused has surrendered before the police on 08.05.2019 and there after he has given the surety and surety has been accepted and even the attendance note book is also produced before this Court and in pursuance of the same it indicates that the condition No.5 has also been complied.
7. Learned counsel for the respondent No.2 - accused submits that till the charge sheet is filed he has complied the said condition and condition No.5 indicates that he has to comply the said condition till the charge sheet is filed.
8. Looking from all the angles and the records, it indicates that respondent No.2 – accused has complied the conditions imposed by this Court by order dated 23.04.2019. However, at this juncture, the learned counsel for petitioner submitted that address of the respondent-accused No.2 is not available and it has become very difficult to the Court to secure his presence. Learned counsel for the respondent No.2 -accused submits that tomorrow i.e., 23.10.2019, the case has been fixed and he is going to appear before the Court without fail. The said undertaking has been placed on record.
9. With the above observations, the petition does not survive for consideration and thus the same is disposed of.
Sd/- JUDGE ag