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Venkatesh A.G. vs State By Attibele Police Station on 12 February, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.276/2018
BETWEEN:

Venkatesh A G
S/o Govindaraju
Aged about 40 years
R/at C/o Narayanappa Kote Beedhi
Attibele Village and Hobli
Anekal Taluk
Bengaluru District-562 107. … PETITIONER

(By Sri H P Leeladhar, Adv.)

AND:

State by Attibele Police Station
Anekal Taluk
Bengaluru District
Represented by the
State Public Prosecutor
High Court Buildings
Bengaluru-560 001. …RESPONDENT

(By Sri Chetan Desai, HCGP)

This Criminal Petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in Cr.
No.176/2010 (S.C.No.119/2012) of Athibele P.S., Anekal, for
the offences P/U/Ss 498A and 306 of IPC.
2

This Criminal Petition coming on for orders this day,
the Court made the following:

ORDER

This petition is filed by the petitioner/accused

under Section 439 of Cr.P.C. seeking his release on bail

for the offences punishable under Sections 498A and

306 of IPC registered in respondent – police station

Crime No.176/2010 and now pending in

S.C.No.119/2012 on the file of the III Addl. District and

Sessions Judge, Bengaluru Rural District sitting at

Anekal.

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the

learned High Court Government Pleader appearing for

the respondent-State.

3

3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

4. As per the materials on record, earlier petitioner

was considered for bail on merits. But as he remained

absent and not appeared before the concerned Court as

per the time schedule and on the adjourned dates, NBW

came to be issued and he was taken to custody by

canceling his bail.

5. Learned counsel for the petitioner during the

course of his arguments submitted that as he was

suffering from jaundice and was taking treatment, he

could not appear before the concerned Court and his

absence is neither intentional nor deliberate.
4

6. In view of the reasons mentioned in the bail

petition and as the merits were already considered and

he was granted bail earlier, I am of the opinion that one

more opportunity is to be given to the petitioner herein.

7. Accordingly, petition is allowed.

Petitioner/accused is ordered to be released on bail for

the offences punishable under Sections 498A and 306

of IPC registered in respondent – police station Crime

No.176/2010, subject to the following conditions:

i. Petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- and
furnish one surety for the likesum to
the satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

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iii. Petitioner shall appear before the
concerned Court regularly.

Sd/-

JUDGE

bkp

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