IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF MARCH, 2019
BEFORE
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.9423/2018
Between:
Sri.Govindaraju
S/o late Kempanna
Aged about 46 years
Residing at Shivaganga Layout,
Venugopala Nagar,
Nagasandra Post,
Doddabidarakallu,
Bengaluru – 560 079. … Petitioner
(By Sri P.M.Siddamallappa, Advocate)
And:
State of Karnataka
Represented by Halasuru Gate Women’s
Police Station,
Bengaluru City,
Pin Code – 560 009.
By its SPP
High Court Building,
Bengaluru – 560 001. … Respondent
(By Sri. M.Divakar Maddur, HCGP)
This Criminal Petition is filed under Section 439 of
Criminal Procedure Code praying to enlarge the
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petitioner on bail in Crime No.27/2017
(C.C.No.2533/2008) of Halasur Gate Women Police
Station, Bengaluru City for the offence punishable
under Section 498A of IPC and Section 3 and 4 of D.P
Act.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by the
petitioner/accused No.1 under Section 439 of Cr.P.C.
seeking release him on bail in Crime No.27/2007 of
Halasuru Gate Women’s Police Station
(C.C.No.2533/2008 on the file of VI Additional Chief
Metropolitan Magistrate, Bengaluru) for the offence
punishable under Section 498A of IPC and Section
3 and 4 of Dowry Prohibition Act.
2. I have heard the learned counsel for the
petitioner and the learned High Court Government
Pleader for respondent-State.
3. On the basis of the complaint given by one
Smt.Gangamma, wife of petitioner/accused No.1, the
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case has been registered. In the complaint, it is alleged
that the accused persons after the marriage on
05.12.2000, started ill-treating and harassing the
complainant. As she was carrying, she came to her
parents house. She gave birth to a male child. After
five months, she had gone to her matrimonial home, at
that time also, the petitioner/accused repeated their
harassment and ill-treatment and they have also
assaulted the complainant and as such, case was
registered in the above said crime. It is the submission
of the learned counsel for the petitioner that earlier, the
petitioner/accused No.1 was released on regular bail by
the trial Court and when the matter was posted for trial,
some conciliation proceedings took place. The
petitioner/accused No.1 is working as a Conductor.
Because of unavoidable circumstances, he did not
attend the Court. Even when he sent messages for the
learned counsel to appear on behalf of him, there was a
communication gap, as such, his absence was noted
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and trial Court issued NBW and on execution of NBW,
he has been taken to custody. He further submitted
that the petitioner/accused No.1 is ready and willing to
proceed with trial. If the petitioner/accused No.1 is
kept in custody, his valuable rights are to be effected
and it amounts to punishment before the trial. He
further submitted that he is ready to abide by any
conditions imposed by this Court and also ready to offer
surety. He is ready to attend regularly before the trial
Court till the trial is concluded. On these grounds,
learned counsel for the petitioner prays to allow the
petition and to release the petitioner/accused No.1 on
bail.
4. Per contra, learned High Court Government
Pleader vehemently argued and submitted that the
complaint was registered in the year 2007 and
thereafter, the petitioner/accused No.1 has been
released on bail and more than 10 years, he has not
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appeared before the Court and continuously remained
absent. The Court below without there being any
alternative has issued NBW and taken him to custody.
Otherwise, the trial will not be concluded. He further
submitted that the petitioner/accused No.1 is in the
habit of avoiding the trial and he will not be present
before the Court as and when he is called. On these
grounds, he prays to dismiss the petition.
5. I have carefully and cautiously gone through
the submission of the learned counsel appearing for the
parties and perused the records.
6. As could be seen from the records, the
alleged offence has taken place on 11.10.2007 and
a case has been registered in this behalf and thereafter,
charge sheet has also been filed. This is the oldest case
on the file of the said Court and even records also go to
show that the petitioner/accused No.1 has continuously
remained absent and the Court has also taken various
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steps to serve notice and thereafter, it has issued the
warrant and warrant has been executed and he has
been taken to custody it shows that there are lapses on
the part of the petitioner/accused No.1 in attending the
Court. When he has been released on bail, the duty is
cast upon the petitioner/accused No.1 to attend the
Court regularly and he should not hurdle the trial and
inconvenience to the Court. Be that as it may, the
alleged offences are not punishable with death or
imprisonment for life. Already, the petitioner/accused
No.1 is in custody for more than 5 months and he is
undertaking that he will regularly attend the Court.
He will not jump the bail. Under the said facts and
circumstances, I feel that custodial interrogation of the
petitioner/accused No.1 is not necessary till the trial is
concluded. If one more opportunity is given, no
prejudice is going to cause to the complainant as well as
to the prosecution. It will help the Court to proceed
with trial.
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7. In that light, petition is allowed
Petitioner/accused No.1 is ordered to be released on
bail in Crime No.27/2007 (C.C.No.2533/2008) of
Halasuru Gate Women’s Police Station, Bengaluru for
the offence punishable under Section 498A of IPC and
under Section 3 and 4 of Dowry Prohibition Act subject
to the following conditions:-
1. Petitioner/accused No.1 shall execute a personal
bond for a sum of Rs.2,00,000/-(Rupees Two
lakhs only) with two sureties for the likesum to the
satisfaction of the trial Court.
2. He shall be regular in attending the trial till the
trial is concluded.
3. He shall not tamper the prosecution evidence in
any manner directly or indirectly and shall not
indulge in similar type of criminal activities.
4. He shall not leave the jurisdiction of the Court
without prior permission.
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5. He shall mark his attendance once in a month
between 10.00 a.m., and 5.00 p.m., before the
jurisdictional police.
6. If he remains absent during the course of trial, the
trial Court is at liberty to cancel the bail and take
him to custody till trial is concluded.
SD/-
JUDGE
NBM