Karnataka High Court
Appaiah @ Navaneeth Kumar vs State Of Karnataka on 30 May, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 3962 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 3962 OF 2023
BETWEEN:
1. AOPPAIAH @ NAVANEETH KUMAR
S/O MEESE MAHADEVAPPA,
AGED ABOUT 36 YEARS,
R/AT KACHERIPALYA,
DODDABALLAPUR TOWN-561 205.
BENGALURU RURAL DISTRICT
...PETITIONER
(BY SRI. GOWTHAMDEV C ULLAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
DODDABALLAPUR TOWN POLICE STATION,
REP BY SPECIAL PUBLIC PROSECUTOR
Digitally HIGH COURT OF KARNATAKA
signed by BENGALURU-560 001.
LAKSHMI T
...RESPONDENT
Location:
High Court (BY SRI. RENUKARADHYA, HCGP)
of Karnataka
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.140/2013 OF
DODDABALLAPUR TOWN POLICE STATION BENGALURU
DISTRICT FOR THE OFFENCE P/U/S.143,147,148,302 R/W
SEC.149 OF IPC PENDING ON THE FILE OF THE IV ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT DODDABALLAPURA
BENGALURU RURAL IN S.C.NO.10049/2018.
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CRL.P No. 3962 of 2023
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent- State and perused the material on record.
2. Petitioner is before this Court in this petition filed under Section 439 of Cr.P.C. to enlarge him on bail in split up case in SC No.10049/2018 pending on the file of IV Additional District and Sessions Judge, Doddaballapura, Bengaluru Rural.
3. FIR was registered against 14 persons in Cr.No.140/2013 of Doddaballapura Town Police Station on a complaint lodged by one Manjula W/o Jagadeesh in respect of an incident of assault on her brother by name Prakash. The said Prakash succumbed to the injuries sustained by him on the same day. Charge sheet was filed against accused Nos.1 to 14 for the offences -3- CRL.P No. 3962 of 2023 punishable under Sections 143, 147, 148, 302 r/w 149 IPC and the case was committed to the Court of IV Additional District and Sessions Judge, Doddaballapur and numbered as SC No.10024/2014.
4. The material on record would reveal that all the accused were enlarged on bail on 31.10.2014 during pendency of the trial. The petitioner remained absent from 18.11.2018 and in spite of issuance of NBW he was not secured and therefore, split up case was registered against him in SC No.10049/2018. Later, on 05.04.2023, the petitioner came to be arrested and he was remanded to the judicial custody.
5. The learned Sessions Judge has rejected the prayer seeking bail on the ground that the petitioner has absconded and remained absent before the trial Court for a period of six years and that he has threatened the complainant to withdraw the case etc. -4- CRL.P No. 3962 of 2023
6. It is not in dispute that other accused persons who faced trial in SC No.10024/2014 have been acquitted by the trial Court vide judgment dated 21.06.2017. The petitioner claims to be innocent. The learned counsel for the petitioner submitted that absence of the petitioner before the trial Court was not intentional. He submits that the petitioner will regularly appear before the trial Court.
7. Considering the above facts and circumstances, the petitioner can be given an opportunity to participate in the trial. He has undertaken to furnish sufficient surety to ensure his presence before the trial Court. He is a permanent resident of Kacheripalya, Doddaballapur Town. Hence, by imposing necessary conditions the petitioner can be enlarged on bail. Accordingly, the following:
ORDER i. Petition is allowed.-5-
CRL.P No. 3962 of 2023 ii. Petitioner/accused No.7 is ordered to be released on bail in SC No.10049/2018 pending on the file of IV Additional District and Sessions Judge, Doddaballapura, Bengaluru Rural (Cr.No.140/2013 of Doddaballapura Town Police Station), subject to following conditions:
i. The petitioner shall execute a
personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh
only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii. Petitioner shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in address.
iii. Petitioner shall mark his attendance before the jurisdictional police station on every Sunday from 10.00 a.m. to 1.00 p.m. till the conclusion of the trial.
-6- CRL.P No. 3962 of 2023 iv. Petitioner shall not indulge in tampering with the prosecution witnesses. v. Petitioner shall not involve in criminal activities.
vi. Petitioner shall appear before the Trial Court on all date of hearing without fail.
Violation of any of the above conditions shall result in cancellation of bail.
SD/-
JUDGE TL List No.: 1 Sl No.: 47