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Prakash B N vs State By Sringeri Police on 25 April, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR.JUSTICE B. A. PATIL

CRIMINAL PETITION No.2511/2019

Between:
Prakash B N
s/o late Nagesha
Aged about 30 years
r/o Mallappana Street
Sringeri Town
Sringeri Taluk
Chikkamagalur
District – 577139. .. Petitioner

(By Sri K Prasanna Shetty, Advocate)
And
State by Sringeri Police
Sringeri Taluk
Represented by Special
Public Prosecutor
High Court of Karnataka
Bangalore-560 001. .. Respondent

(By Smt.Namitha Mahesh, HCGP)

This criminal petition is filed under Section 439 of
Cr.PC praying to enlarge the petitioner on bail in
Cr.No.58/2017 (SC No.91/2017) of Sringeri P.S.
Chikkamagaluru for the offence punishable under
Sections 493, Section496, Section498A, Section376(2)(K) of IPC.
2

This petition is coming on for orders this day, the
Court passed the following:-

ORDER

This petition is taken up out of turn on the

submission of the learned counsel for the petitioner that

the mother of the petitioner is not keeping well and has

been hospitalized.

2. The present petition has been filed by the

petitioner/accused under Section 439 of Cr.PC seeking

to release him on bail in Cr.No.58/2017 (SC

No.91/2017) of Sringeri P.S. Chikkamagaluru for the

offence punishable under Sections 493, Section496, Section498A,

Section376(2)(K) of IPC.

3. I have heard the learned counsel for the

petitioner and the learned High Court Government

Pleader for the respondent-State.

4. It is the submission of the learned counsel

for the petitioner that the petitioner/accused has been
3

enlarged on bail by this Court in Crl.P No.5248/2017

and therein, the third condition was that the petitioner/

accused shall mark his attendance before SHO on every

Wednesday till the conclusion of the trial. He has not

marked his attendance on every Wednesday and the

bail has been cancelled and thereafter NBW has been

issued to the petitioner/accused. He further submitted

that the petitioner is ready to abide by the conditions

imposed on him by this Court and ready to offer

sureties. On these grounds, he prayed to release the

petitioner/accused on bail.

5. Per contra, learned High Court Government

Pleader vehemently submitted that the

petitioner/accused has jumped the bail and the bail

conditions have been violated. When the

petitioner/accused failed to comply with the conditions

of bail, the Court below has rightly cancelled the bail on

the ground that he has violated the conditions of the
4

bail. It is her further submission that the bail was

cancelled by the Court below and he filed an application

for modification of the conditions and the said

application came to be rejected by this Court. There are

no grounds to allow the petition. Hence, prayed to

dismiss the petition.

6. I have gone through the submissions made

by the learned counsel appearing on both sides and

perused the records.

7. As could be seen from the records, this

Court after considering the fact and circumstances has

cancelled the bail for having violated the conditions of

bail and when the petitioner/accused has failed to

comply with the said conditions, the subsequent

application filed for modification of the conditions

imposed also came to be rejected.

5

8. Taking into consideration the above facts

and circumstances, I am of the considered opinion that

the petitioner has not made out good grounds to allow

the petition and release him on bail. Hence, the petition

is dismissed.

Sd/-

JUDGE

bkm.

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