IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO. 8111 OF 2019 BETWEEN:
VISHWAS C., S/o. Chayaprakash, Aged about 28 years, R/at 197, PWD, KSRP Quarters, Block-B1, Koramangala, Bengaluru – 560 034 (BY SRI LAKSHMIKANTH K., ADVOCATE) AND:
…PETITIONER State of Karnataka by Madiwala Police Station, Bengaluru, Rep. by Its State Public Prosecutor, High Court Complex, Bengaluru-560 001 (BY SRI ROHITH B.J., HCGP) …RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO. 465/2013 REGISTERED BY MADIVALA POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 392 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner was earlier granted with bail on 18.05.2016 in connection with C.C. No.16124/2013 arising out of Crime No.465/2013 on the file of Madivala Police Station. It appears that he appeared before the trial Court up to 08.04.2019 and thereafter he remained absent for a period of six months. The Court has issued warrant to secure the presence of the petitioner and ultimately on 09.10.2019 he was secured and since then he has been in judicial custody.
3. The trial Court has made an observation that it hampered the investigation and speedy trial. However, as the petitioner/accused appeared before the Court up to April 2019 an opportunity should have been given to him to mend his conduct to appear before the Court regularly, thereafter considering the incarceration of the petitioner for a period of two months. Therefore, under the above circumstances I feel it just and necessary to provide one more opportunity to the petitioner to correct himself and to appear before the trial Court on all future hearing dates. Therefore, the bail petition deserves to be allowed on conditions.
4. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C. No. 16124/2013 on the file of Hon’ble 3rd ACMM, Bengaluru, registered for the offence punishable under Section 392 of IPC, subject to the following conditions:
(i) The petitioner shall execute his
solvent surety 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) This bail order shall not come to the help of the petitioner if he absents himself before the trial Court in future on any two consecutive occasions without intimation to the Court and without exempted by the trial Court for any genuine reason.
(vi) The petitioner shall deposit a sum of Rs.2,000/- before the trial Court towards litigation expenses. The same shall be forfeited to the State for the termination of the proceedings.
Sd/- JUDGE Sbs