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Venkateshwaralu vs State Of Karnataka By on 27 March, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF MARCH, 2019

BEFORE

THE HON’BLE MR. JUSTICE B.A. PATIL

CRIMINAL PETITION No.6109/2018

BETWEEN:

Venkateshwaralu
S/o Sreenivasalu,
Aged about 33 years,
R/at No.30, 19th A Cross,
Ulsoor,
Bengaluru-560 008. …Petitioner

(By Sri Prajith.C, Advocate)

AND:

State of Karnataka
By Gangammanagudi Police Station,
Rep. by SPP,
High Court of Karnataka,
Bengaluru-560 001. …Respondent

(By Smt. Namitha Mahesh.B.G, HCGP)

This Criminal Petition is filed under section 438 of
Cr.P.C praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.63/2014
(C.C.No.34770/2014 in Split Up C.C.No.6148/2018) of
Gangammana Gudi Police Station, Bengaluru for the
offences punishable under Sections 498A 506 read with
Section 34 of IPC.
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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 438 of Cr.P.C to release him

on anticipatory bail in Crime No.63/2014 of Gangammana

Gudi Police Station, Bengaluru (C.C.No.34770/2014 in

Split Up C.C.No.6148/2018) for the offences punishable

under Sections 498A, 506 read with Section 34 of IPC.

2. I have heard the learned High Court

Government Pleader for respondent-State and learned

counsel for the petitioner is remained absent.

3. It is contended in the petition by the learned

counsel for the petitioner, that earlier the petitioner-

accused No.1 has been granted bail and subsequently, the

charge sheet has also been filed in the year 2014 but he

was not aware of the case pending against him as he was

working in Thirupathi. He further stated in the petition
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that the court below has rejected the bail petition filed by

the petitioner-accused No.1 only on the ground that the

petitioner-accused No.1 was already given conditional bail

earlier and as the petitioner-accused No.1 did not abide by

the conditions imposed by the court below. It is further

stated that the NBW has not been executed and already

accused No.2 has been tried for the alleged offence in

C.C.No.34770/2014 by judgment dated 22.05.2018,

accused No.2 has been acquitted. It is also stated that

petitioner-accused No.1 is ready to abide by any of the

terms and conditions that may be imposed by this Court

and also ready to offer sureties, if he is released on bail.

On these grounds, he prayed 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 petitioner-

accused No.1 has not complied the bail conditions and as

such, the trial Court has rejected the bail application

deliberately, the petitioner-accused No.1 has not appeared
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before the Court below. If the petitioner-accused No.1 is

released on bail, he may abscond and he may not be

available for the trial. On these grounds, he prayed to

dismiss the petition.

5. I have carefully and cautiously gone through

the submission made by the learned High Court

Government Pleader and perused the records.

6. On perusal of the petition, it indicates the fact

that petitioner-accused No.1 has been released on bail

and thereafter, he did not fulfill the conditions and as

such he did not appeared before the Court, a Split Up case

has been registered. Even the records indicate that

already accused No.2 has been tried for the alleged offence

in C.C.No.34770/2014 by judgment dated 22.05.2018 and

accused No.2 has been acquitted. The alleged offences are

not punishable with death or imprisonment for life.

7. Under the facts and circumstance, I feel that if

the petitioner-accused No.1 is released on bail by
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imposing some stringent conditions, then it is going to

meet the ends of justice.

8. In that light, the petition is allowed and

petitioner-accused No.1 is ordered to be released on

anticipatory bail in Crime No.63/2014 of Gangammana

Gudi Police Station, Bengaluru (C.C.No.34770/2014 in

Split Up C.C.No.6148/2018) for the offences punishable

under Sections 498A, 506 read with Section 34 of IPC

subject to following conditions:

1. The 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 surrender before the trial Court
within 15 days from today.

3. He shall not tamper with the prosecution
evidence in any manner.

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4. He shall mark his attendance on the first
date of every month between 10:00 a.m to
5:00 p.m till the trial is concluded.

5. He shall not leave the jurisdiction of the
Court without prior permission.

6. He shall be regular in attending the court
as and when required.

Sd/-

JUDGE

HA/-

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