Karnataka High Court
Jamal vs State Of Karnataka on 24 October, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:42898
CRL.P No. 10322 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10322 OF 2024
BETWEEN:
JAMAL
S/O KHASIM,
AGED ABOUT 57 YEARS
R/AT WEST BLOCK CROSS
ROAD, KUNDAPURA - 576 201
NOW R/AT C/O NO.346A
FLAT NO.201, IST CROSS
B BLOCK, ACCES LAYOUT
BANGALORE NORTH
DODDANEKKUNDI
BANGALORE NORTH - 560 037
...PETITIONER
(BY SRI HASHMATH PASHA, SR. COUNSEL FOR
SRI KARIAPPA N.A, ADV.)
AND:
Digitally
signed by STATE OF KARNATAKA
NANDINI MS BY PADUBIDRI POLICE STATION
Location: UDUPI DISTRICT - 574 111
High Court of REPRESENTED BY LEARNED STATE
Karnataka
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SRI CHANNAPPA EERAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.72/97 OF PADUBIDRI
P.S. OF UDUPI DISTRICT AND NOW PENDING IN S.C.NO.31/2024 ON
THE FILE OF HONBLE PRL.DISTRICT AND SESSIONS JUDGE, UDUPI
FOR THE OFFENCE P/U/S 365,366 AND 376 OF IPC.
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NC: 2024:KHC:42898
CRL.P No. 10322 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in S.C.No.31/2024 pending before the Court of Principal District & Sessions Judge, Udupi, arising out of Crime No.72/1997 registered by Padubidri Police Station, Udupi District for the offences punishable under Sections 365, 366 & 376 of IPC is before this Court seeking regular bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.72/1997 was registered by Padubidri Police Station, Udupi District against the petitioner for the aforesaid offences, on the basis of first information dated 17.08.1997 received from the victim lady. During the course of investigation, the petitioner was arrested in the said case and he was enlarged on bail in Crl.Misc.No.349/1997. After completion of investigation, charge sheet was filed against the petitioner for the -3- NC: 2024:KHC:42898 CRL.P No. 10322 of 2024 aforesaid offences and the matter was committed to the jurisdictional Court and numbered as S.C.No.31/1998. The order sheet in S.C.No.31/1998 would go to show that the petitioner was appearing before the Trial Court till the year 2001 and thereafter he had not appeared before the Trial Court and therefore NBW was issued against him and subsequently case registered against the petitioner was sent to long pending cases register and LPC No.3/2008 was registered against the petitioner. The petitioner was arrested on 26.07.2021 and produced before the Trial Court in the long pending case and remanded to judicial custody. Case is now registered against him in S.C.No.31/2024.
4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.31/2024 was dismissed on 07.08.2024. Therefore, he is before this Court.
5. Learned Senior Counsel appearing for the petitioner submits that on the merits of the case, the -4- NC: 2024:KHC:42898 CRL.P No. 10322 of 2024 petitioner was granted bail at the committal stage and also before the Trial Court subsequent to committal of the case. He submits that the petitioner who has no criminal antecedents is aged about 57 years and he is suffering from multiple ailments. For the mistake committed by the petitioner for not appearing before the Trial Court he has been sufficiently punished. Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP has opposed the petition. He submits that the petitioner has been absconding for a period of more than 22 years and therefore trial against him could not be completed. In the event he is released on bail, he is once again likely to flee away from justice. Accordingly, he prays to dismiss the petition.
7. A perusal of the material on record would go to show that the petitioner was granted regular bail in the present case at the stage of committal of the case in Crl.Misc.No.349/1997 by the jurisdictional Sessions Court. -5-
NC: 2024:KHC:42898 CRL.P No. 10322 of 2024 After filing of charge sheet, the case was committed to the jurisdictional Sessions Court and numbered as S.C.No.23/2001 and in the said case, the petitioner was granted regular bail on 03.07.1998. Since the petitioner was absent before the Trial Court, NBW was issued to the petitioner and notice was issued to his surety. Subsequently, the case was sent to long pending case register and LPC No.3/2008 was registered against the petitioner and in the said case, steps were taken to secure the presence of the petitioner and ultimately on 26.07.2024 his presence was secured and he was produced before the Trial Court in LPC No.3/2008 and remanded to judicial custody. Thereafter, S.C.No.31/20224 was registered against the petitioner and in the said case he had filed bail application explaining the reason for his non-appearance before the Trial Court since 27.03.2001. But the Trial Court has rejected the bail application of the petitioner on 07.08.2024. -6-
NC: 2024:KHC:42898 CRL.P No. 10322 of 2024
8. Be that as it may, on the merits of the case, the petitioner has been granted regular bail in the present case at two stages i.e., prior to the case being committed to the Sessions Court and after the case was committed to the jurisdictional Sessions Court. He has been now arrested and remanded to custody for the reason that he had not appeared before the Trial Court and cooperated for completion of the trial and disposal of the case. He is in custody from 26.07.2024.
9. The material on record would go to show that, the petitioner has been suffering from multiple ailments and recently the Medical Officer of the District hospital, Udupi has diagnosed that the petitioner is suffering from Left Inguinal Hernia.
10. Undisputedly, the petitioner has no other criminal antecedents and he is said to be a married man living with his wife and children. For the mistake committed by the petitioner by not appearing before the Trial Court and cooperating for the completion of trial, he -7- NC: 2024:KHC:42898 CRL.P No. 10322 of 2024 has been sufficiently punished. Apprehension of learned HCGP can be taken care of by imposing appropriate conditions. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
11. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in S.C.No.31/2024 pending before the Court of Principal District & Sessions Judge, Udupi, arising out of Crime No.72/1997 registered by Padubidri Police Station, Udupi District for the offences punishable under Sections 365, 366 & 376 of IPC, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.2,00,000 (Rupees Two Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall mark his attendance on the second Saturday of every month before the SHO of Padubidri Police -8- NC: 2024:KHC:42898 CRL.P No. 10322 of 2024 Station, Udupi Taluk between 9 a.m, and 11 a.m till case registered against him is disposed of.
c) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
d) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
e) The petitioner shall not involve in similar offences in future;
Sd/-
(S VISHWAJITH SHETTY) JUDGE NMS