Karnataka High Court
T N Ramesh vs State Of Karnataka on 11 October, 2022
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.7650 /2022
BETWEEN:
T.N.RAMESH
S/O LATE NIJAGUNAIAH
AGED ABOUT 52 YEARS
4TH CROSS, 5TH MAIN
MULLAKATAMMA LAYOUT
ANNAPURNESHWARI NAGARA
NAGARABHAVI 2ND STAGE
BENGALURU - 560 079 ...PETITIONER
(BY SRI Y R SADASHIVA REDDY, SR. COUNSEL FOR
SRI.ANAND R V, ADVOCATE)
AND:
STATE OF KARNATAKA
BY BIDADI POLICE STATION
RAMANAGARA DISTRICT - 562 109
REPRESENTED BY SPP
ATTACHED TO HIGH COURT BUILDINGS
BENGALURU ...RESPONDENT
(BY SRI K NAGESHWARAPPA, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C
PRAYING TO ENLARGE THE PETITIONER PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF
HIS ARREST IN C.C.NO.32/2014 (CR.NO.358/2013) OF
BIDADI POLICE STATION, RAMANAGARA DISTRICT FOR
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THE OFFENCE PUNISHABLE UNDER SECTION 120B, 420,
409, 477A OF IPC ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND C.J.M., AT RAMANAGARA.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.358/2022 of Bidadi Police Station, registered for the offences punishable under Sections 120B, 420, 409 and 477A of IPC, pending on the file of Principal Senior Civil Judge and CJM, Ramanagara in C.C.No.32/2014.
2. The brief factual matrix leading to the case are that the petitioner is arrayed as accused No.4. He opened the current account in Syndicate Bank, Bidadi Branch having acquaintance with accused No.1, who was the branch Manager of the said bank. Having colluded with accused Nos.1 and 2 and he drew Rs.27,00,000/- from his account which was credited 3 illegally by other accused. In this regard complaint came to be lodged.
3. The complaint was lodged in Crime No.358/2013 for the offences punishable under Sections 120B, 420, 409, 477A of IPC. The petitioner has initially moved anticipatory bail petition before I Additional District and Sessions Judge, Ramanagara in Crl.Misc.No.313/2017. The said bail petition was allowed vide order dated 24.06.2017 with a condition that he shall appear before the concerned Court and apply for bail within 30 days from the date of the order. The said condition was not complied. Subsequently, investigation was completed, charge sheet was submitted and warrant came to be issued against the present petitioner. Then the petitioner has again sought for anticipatory bail before the Sessions Judge who has rejected the same vide the order dated 13.07.2022. Hence, the petitioner is before this Court. 4
4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
5. It is evident from the records that the present petitioner is prosecuted for the offences punishable under Sections 120B, 420, 409, 477A of IPC in Crime No.358/2013 of Bidadi Police Station. The allegation is that accused Nos.1 to 3 have illegally transferred the amount to his account and he has withdrawn it. He was initially granted anticipatory bail in Crl.Misc.No.313/2017 vide order dated 24.06.2017. The said order reads as under:
ORDER The bail petition filed U/s 438 of Cr.P.C. is hereby allowed.
This bail is prevailing until the order on bail application by the regular court. In the event of arrest of the petitioner in Cr.No.358/2013 by the arresting officer, he shall be released on bail on his executing personal 5 bond of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the arresting officer, subject to the following conditions:-
1. The petitioner shall not threaten the prosecution witnesses and shall not tamper with the prosecution evidence in any manner.
2. The petitioner shall not leave the jurisdiction of the concerned Court without prior permission of the concerned Court and shall not involve in any offence.
The petitioner shall appear before the concerned Court and apply for bail within 30 days from the date of this order. If that is so, the trial court shall consider the bail application in accordance with law. Until the disposal of that bail petition, this bail order would prevail.
Further it is ordered and directed that, office is directed to send back the records pertaining to Cr.No.564/2013 to the record room.
(Underlined by me)
6. As per the said order he was required to appear before concerned Court and apply for regular 6 bail within 30 days from the date of the order. But he did not do so and subsequently after submission of the charge sheet and considering his absence, warrant came to be issued. Now he is again seeking anticipatory bail.
7. Learned Counsel for the petitioner contends that since the petitioner has undergone bypass surgery, he could not comply with the conditions imposed by the Learned Sessions judge. Though the said ground can be accepted, but it is to be noted that the petitioner was admitted to hospital for a considerable period, there is no explanation for non appearance for four years. Even the petitioner has not made any attempt to move to the concerned Court seeking relaxation of condition and subsequently he moved a fresh anticipatory bail when warrant came to be issued. A person who does not honour the conditions of bail imposed earlier, cannot seek equity.
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8. Under these circumstances now it is not open for the petitioner to seek second anticipatory bail, when there is already violation of anticipatory bail condition imposed earlier. The remedy for him is to surrender before the concerned Court and move regular bail.
9. Under these circumstances, the petition does not survive for consideration. However, learned Senior Counsel for the petitioner has contended that directions may be issued to the concerned Court for disposal of the petition seeking regular bail after surrender expeditiously. Considering all these facts, I proceed to pass the following:-
ORDER The petition is dismissed with liberty to the petitioner to surrender before the concerned Court.
In the event of his surrender and moving a regular 8 bail petition, the concerned Court shall dispose of the same expeditiously.
Sd/-
JUDGE Pkn