IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2018
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.276/2018
Venkatesh A G
Aged about 40 years
R/at C/o Narayanappa Kote Beedhi
Attibele Village and Hobli
Bengaluru District-562 107. … PETITIONER
(By Sri H P Leeladhar, Adv.)
State by Attibele Police Station
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.
This Criminal Petition coming on for orders this day,
the Court made the following:
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
2. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the
learned High Court Government Pleader appearing for
3. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials placed on
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.
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
iii. Petitioner shall appear before the
concerned Court regularly.