IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.6109/2018 BETWEEN:
Venkateshwaralu S/o Sreenivasalu, Aged about 33 years, R/at No.30, 19th A Cross, Ulsoor, Bengaluru-560 008. …Petitioner (By Sri Prajith.C, Advocate) AND:
State of Karnataka By Gangammanagudi Police Station, Rep. by SPP, High Court of Karnataka, Bengaluru-560 001. …Respondent (By Smt. Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.63/2014 (C.C.No.34770/2014 in Split Up C.C.No.6148/2018) of Gangammana Gudi Police Station, Bengaluru for the offences punishable under Sections 498A & 506 read with Section 34 of IPC.
This Criminal 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 438 of Cr.P.C to release him on anticipatory bail in Crime No.63/2014 of Gangammana Gudi Police Station, Bengaluru (C.C.No.34770/2014 in Split Up C.C.No.6148/2018) for the offences punishable under Sections 498A, 506 read with Section 34 of IPC.
2. I have heard the learned High Court Government Pleader for respondent-State and learned counsel for the petitioner is remained absent.
3. It is contended in the petition by the learned counsel for the petitioner, that earlier the petitioner- accused No.1 has been granted bail and subsequently, the charge sheet has also been filed in the year 2014 but he was not aware of the case pending against him as he was working in Thirupathi. He further stated in the petition that the court below has rejected the bail petition filed by the petitioner-accused No.1 only on the ground that the petitioner-accused No.1 was already given conditional bail earlier and as the petitioner-accused No.1 did not abide by the conditions imposed by the court below. It is further stated that the NBW has not been executed and already accused No.2 has been tried for the alleged offence in C.C.No.34770/2014 by judgment dated 22.05.2018, accused No.2 has been acquitted. It is also stated that petitioner-accused No.1 is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if he is released on bail. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.1 on bail.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner- accused No.1 has not complied the bail conditions and as such, the trial Court has rejected the bail application deliberately, the petitioner-accused No.1 has not appeared before the Court below. If the petitioner-accused No.1 is released on bail, he may abscond and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submission made by the learned High Court Government Pleader and perused the records.
6. On perusal of the petition, it indicates the fact that petitioner-accused No.1 has been released on bail and thereafter, he did not fulfill the conditions and as such he did not appeared before the Court, a Split Up case has been registered. Even the records indicate that already accused No.2 has been tried for the alleged offence in C.C.No.34770/2014 by judgment dated 22.05.2018 and accused No.2 has been acquitted. The alleged offences are not punishable with death or imprisonment for life.
7. Under the facts and circumstance, I feel that if the petitioner-accused No.1 is released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
8. In that light, the petition is allowed and petitioner-accused No.1 is ordered to be released on anticipatory bail in Crime No.63/2014 of Gangammana Gudi Police Station, Bengaluru (C.C.No.34770/2014 in Split Up C.C.No.6148/2018) for the offences punishable under Sections 498A, 506 read with Section 34 of IPC subject to following conditions:
1. The petitioner-accused No.1 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.
2. He shall surrender before the trial Court within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m till the trial is concluded.
5. He shall not leave the jurisdiction of the Court without prior permission.
6. He shall be regular in attending the court as and when required.
Sd/- JUDGE HA/-