Karnataka High Court
Veeresha C vs State Of Karnataka on 27 November, 2018
Crl.P.No.4425/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER 2018
BEFORE
THE HON'BLE MRS.JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No. 4425 OF 2018
BETWEEN:
Veeresha C
S/o Chandrashekhar
Aged about 23 years
Resident of Kongadiyappa College Road
Near Ganesha Temple
Karenahalli, Vijayanagara
12th Cross, Doddaballapura
Bangalore Rural District-562101. ... Petitioner
(By Sri. Girish B. Baladare, Advocate)
AND:
State of Karnataka
Represented by Kyathsandra Police
Represented by
Special Public Prosecutor
High Court Building
Bangalore-560 001. ... Respondent
(By Smt. Namitha Mahesh B.G., HCGP)
This petition is filed under section 439 of Cr.P.C.
praying to enlarge the petitioner on bail in
Crime.No.18/2014 (SPL.C.C.No.295/2014) of
Kyathasandra Police Station, Tumkur District for the
Offences P/U/S/ 302, 201 r/w 34 of IPC and Section
3(2)(5) of SC/ST (POA) Act.
This petition, coming on for orders, this day, the
Court made the following:
2
Crl.P.No.4425/2018
ORDER
Petitioner is accused No.3 in Spl.C.C.No.295/2014 on the file of III Additional Sessions Judge, Tumkur. Petitioner and other accused are facing trial in the said case for the offences punishable under Sections 302, 201 r/w. Section 34 of IPC and Section 3(2)(v) of SCST (Prevention of Atrocities) Act.
2. This Court in Crl. Petition No.2069/2014 c/w. Crl. Petition No.2068/2014, granted bail to the petitioner on 15.05.2014. On 28.03.2017, petitioner failed to appear before the trial Court. Therefore, trial Court cancelled the bail of the petitioner and issued Non Bailable Warrant against him. In execution of such warrant, he was arrested and remanded to judicial custody.
3. The Trial Court in Criminal Misc.No.302/2018 rejected his bail petition on 11.04.2018, holding that the petitioner has not complied the bail order and it may be difficult to secure him, if bail is granted.
4. Certified copy of the order sheet produced by the petitioner shows that generally he was regular in appearing before the Trial Court and he absented 3 Crl.P.No.4425/2018 himself only on 28.03.2017. For one day's absence, the trial Court immediately cancelled his bail. The Trial Court did not proceed to cancel the bail bond as required under Section 446A of the Code of Criminal procedure and to secure the presence of the petitioner.
5. Under these circumstances, this is a fit case to grant bail. Therefore, the petition is allowed. Petitioner is granted bail in Special C.C.No.295/2014 on the file of the III Additional Sessions Judge, Tumkur, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish one surety for the like-sum to the satisfaction of the trial Court for his appearance;
2) He shall appear before the trial Court as and when required for the purpose of trial.
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/-
JUDGE Cm/-