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Judgments of Supreme Court of India and High Courts

Sri Mallikarjuna vs State Of Karnataka on 11 December, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF DECEMBER 2019

BEFORE

THE HON’BLE MR.JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION NO.8063/2019

BETWEEN:

SRI MALLIKARJUNA
S/O LATE DUNDEGOWDA
AGED ABOUT 45 YEARS
RESIDING AT RATHNAMMA BUILDING
3RD MAIN, 2ND CROSS
KASTHURIBHANAGARA
MYSORE ROAD
BENGALURU-570026.
…PETITIONER

(BY SRI: RAJANNA C, ADVOCATE)

AND

STATE OF KARNATAKA
BY BYATARAYANAPURA POLICE STATION
BENGALURU CITY
REPRESENTED BY ITS PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-01

..RESPONDENT

(BY SRI: HONNAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.419/2015 (S.C.NO.282/2016) OF BYATARAYANAPURA
P.S., BENGALURU CITY FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 498A, 306 OF SectionIPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner, the

learned HCGP for the respondent – State and perused the

records.

2. Petitioner who is the sole accused in Cr.No.419/2015

of Byatarayanapura Police Station, Bengaluru City, was

released on bail during committal stage for the offence

punishable under Sectionsections 498A and Section306 IPC. After

committal, a case in S.C.No.282/2016 has been registered

and thereafter, he did not appear before the Sessions Court.

Therefore, the Court issued summons and warrant against

him and ultimately, he was arrested on 07.03.2019 and since

then, he has been in judicial custody.

3. The submission made by the learned counsel for the

petitioner/accused is that the petitioner was not served with

summons issued by the Sessions Court and he was not aware

as to when actually the case has been committed to the court

of Sessions etc., Be that as it may, the petitioner has already
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been arrested and he has been in custody since 07.03.2019.

Now, he might have understood as to what are the

consequences that he has to face, if he remained absent to

the Court and assist the Court for disposal of the case on

merits. He has been already punished for having in jail since

07.03.2019. Under the above said facts and circumstances,

in my opinion, one more opportunity should be given to the

petitioner to mend his conduct. Hence, the petition deserves

to be allowed on conditions. Hence, the following:-

ORDER

The Petition is allowed. Consequently, the petitioner

shall be released on bail in connection with Crime

No.419/2015 (S.C.No.282/2016) of Byatarayanapura Police

Station, Bengaluru for the offences punishable under Sectionsections

498A and Section306 of IPC pending on the file of XLV Addl. City

Civil and Session Judge, Bengaluru City, subject to the

following conditions:

(i) The petitioner shall execute his personal
bond for a sum of Rs.1,00,000/- (Rupees One
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Lakh only) with two solvent sureties for the like-
sum to the satisfaction of the jurisdictional court.

(ii) The petitioner shall not indulge in tampering
with the prosecution witnesses.

(iii) The petitioner shall appear before the
jurisdictional court on all the future hearing dates
unless exempted by the court for any genuine
cause.

(iv) The petitioner shall not leave the jurisdiction
of the trial Court without prior permission of the
court till the case registered against him is
disposed of.

(v) This bail order shall not come to the aid of the
petitioner if he remains absent before this Court or
the trial Court without even intimating the Court
and being exempted for any genuine reasons by
the trial Court.

Sd/-

JUDGE

*mn/-

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