IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV Criminal Petition No.2408 of 2019 Between:
Vincent @ Mental Vincent S/o. Natesh Aged about 42 years Residing at No.248/09 2nd Cross, 2nd Main Thimmayappa Garden Kaksa Town, Doddagudda Bengaluru - 560077 …Petitioner (By Sri. Dilraj J. Rohit Sequeira, Advocate) And:
The State of Karnataka By Hebbal Police Station Represented by the State Public Prosecutor Bangalore – 560001 …Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, 1974 praying to enlarge the petitioner on bail in Cr.No.5/2016 (S.C.No.969/2016) registered by Hebbal Police Station, Bangalore City for the offences punishable under Sections 143, 144, 147, 341, 302, 120B r/w 149 of IPC.
This Criminal Petition coming on for orders this day, the court made the following:
O R D E R The petitioner-accused No.5 is seeking to be enlarged on bail in connection with his arrest pursuant to execution of the non-bailable warrant with respect to proceedings in Crime No.5/2016 for the offences punishable under Sections 143, 144, 147, 341, 302, 120B r/w 149 of IPC.
2. The case of the prosecution is that complaint is lodged with respect to the aforesaid offences arraying the petitioner as an accused. It is stated that as per the version of the prosecution made out in the charge-sheet, the overt act was by A1 to A4. The petitioner was enlarged on bail with respect to the said proceedings.
Subsequently, it is stated that the petitioner has not attended the Court due to bonafide reasons. A non- bailable warrant came to be issued on 03.04.2018 and was executed on 07.06.2018 and the petitioner has been in custody since then.
3. Learned counsel for the petitioner states that non-appearance of the petitioner is due to bonafide reasons and he would cooperate with the expeditious disposal of the trial.
4. Taking note of the fact that the petitioner was enlarged on bail at an earlier point of time, his cooperation in the trial could be secured by imposing the necessary conditions and the petitioner may be afforded another opportunity. It is also to be noticed that the main imputations in the charge-sheet are against A1 to A4.
5. Accordingly, in light of the observation made above, the petitioner is entitled to be enlarged on bail. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.5/2016 for the offence punishable under Sections 143, 144, 147, 341, 302, 120B r/w 149 of IPC, subject to the following conditions:-
(i) The petitioner shall within 15 days from the date of the release of the order mark his presence and shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall not absent himself except for reasons made out for exemption as per law and fully co- operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) The petitioner shall also mark his attendance once in a month till the conclusion of trial before the concerned Station House Officer.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- Judge RD