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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/-