IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7667/2019 Between Venuprasad @ Venu, S/o Velayudhan, Aged about 23 years, R/o No.IDK 49/B, Hutha Colony, Bhadravathi, Shivamogga District – 577 245.
(By Sri. K.Prasanna Shetty, Advocate) And State by Shivamogga Rural Police, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Sri.Honnappa, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.30/2011 of Shivamogga Rural Police Station, Shivamogga for the offence punishable under Section 394 of IPC and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. The petitioner is the sole accused in C.C.No.412/2019 for the offence punishable under Section 394 of Indian Penal Code on the file of JMFC-III Court, Shivamogga. The records discloses that the petitioner was arraigned as one of the accused in C.C.No.577/2018 and subsequently, because of the absence of the accused, a split up charge sheet was filed in C.C.No.412/2019. In the said case, the petitioner was secured by a body warrant as he was arrested in connection with some other case. Explaining the reasons, he made an application for grant of bail under Section 439 Cr.P.C, before the I Additional District and Sessions Judge, Shivamogga where he was declined to grant bail. Hence, the petitioner is before this Court.
3. The charge sheet has already been filed and split up case has been registered against the petitioner. So far as other cases are concerned, learned HCGP submits that trial is going on. It is submitted by the learned counsel for the petitioner that the petitioner was suffering from ill- ness. Therefore, he could not go and appear before the Court. Absolutely, no materials are placed before the Court, but trial Court has taken much pains by issuing warrants and proclamation to secure the presence of the petitioner. There is a loss to the exchequer of the State.
4. Looking to the above said circumstances, I am of the opinion that one opportunity has to be granted to the petitioner to mend his conduct and to appear before the Court on all the future dates in order to assist the Court for early disposal of the main case. The learned counsel for petitioner submits that the petitioner is the permanent resident of Hutha Colony, Bhadravathi. He would abide by any of the conditions that may be imposed by this Court and he would regularly appear before the trial Court. In view of the submission, the petitioner may be enlarged on bail by imposing stringent conditions. Hence, the following;
ORDER The Criminal Petition is allowed.
The petitioner shall be enlarged on bail in connection with Crime No.30/2011 of Shivamogga Rural Police Station, Shivamogga on the file of JMFC- III Court, Shivamogga for the alleged offence subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh Rupees only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
v) If the petitioner absents himself on any two consecutive occasions before the trial Court, and without intimation to the Court or without being exempted by the Court, the trial Court is at liberty to take him to the custody for further proceedings.
vi) The petitioner shall also deposit a sum of Rs.5,000/- towards litigation expenses after termination of the proceedings. The trial Court has to confiscate the said amount to the Government.
Sd/-
JUDGE NBM