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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.
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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
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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
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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.
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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.