IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL BETWEEN:
Vadivelu CRIMINAL PETITION No.5635/2018 S/o late Subramani Aged about 24 years R/at No.202, 8th Cross, Near Darga, Vinobha Nagar, J.C.Nagar Bengaluru-560 027.
(By Sri L.P. Suresh, Advocate) AND:
The State of Karnataka by Byatarayanapura Police Station, Bengaluru-560 026, Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.552/2015 (C.C.No.29711/2015) of Byatarayanapura Police Station, Bengaluru, for the offences punishable under Sections 399 and 402 of Indian Penal Code.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.2 under Section 439 of Cr.P.C. to release him on bail in Crime No.552/2015 (C.C.No.29711/2015) of Byatarayanapura Police Station for the offences punishable under Sections 399 and 402 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. It is the submission of the learned counsel for the petitioner that earlier the petitioner/accused No.2 was released on bail and he was regularly attending to the Court, but because of the ill-health of his parents he has not appeared before the Court and as such the Court below has issued Non-Bailable Warrant and the said Non- Bailable Warrant was got executed and now he has been taken to custody. He further submitted that henceforth he will attend the Court regularly and the petitioner/accused No.2 is not a proclaimed offender. He further submitted that any reasonable conditions may be imposed and he may be released on bail.
4. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.2 has jumped the bail and was not regularly attending the Court and as such the Court below has issued Non-Bailable Warrant and he has been taken to custody. The petitioner/accused No.2 is hampering the trial. If he is released on bail, again he will abscond and he may not be available for the trial. On these grounds she prayed to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
6. On close reading of the entire material the petitioner/accused No.2 has remained absent and the Court below has issued Non-Bailable Warrant, through Non-Bailable Warrant he has been secured and sent to judicial custody. It is the submission of the learned counsel for the petitioner that the parents of the accused were not keeping well and as such he remained absent. He further submitted that he will be regularly attending the Court and he will not jumped the bail. In order to give one more chance, I feel that if by imposing some stringent conditions, if the petitioner/accused No.2 is enlarged on bail, it would meet the ends of justice.
7. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.2 is ordered to be released on bail in Crime No.552/2015 (CC No.29711/2015) of Byatarayanapura Police Station, for the offences punishable under Sections 399 and 402 of Indian Penal Code.
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall mark his attendance in the jurisdictional police on 1st of every month between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
iv) He shall not leave the jurisdiction of the Court without prior permission of the Court.
v) He shall be regular in attending the Court.
If once he jump the bail, the trial Court is at liberty to take him to custody by cancellation of bail, till completion of the trial he should not be released on bail.
Sd/- JUDGE *AP/-