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Judgment
20 paragraphs · 368 wordsK.Natarajan, J
This petition is filed by the petitioner-accused No.4 under Section 439 of Cr.P.C. for granting bail in SC No.107/2018 pending on the file of the
Principal District and Sessions Judge, Tumakuru, for the offence punishable under Section 397 of IPC.
The case of the petitioner-accused is that he was granted bail by the Trial Court. Later, the petitioner was arrested by the Sessions Court and the
petitioner appeared before the Sessions Judge and the trial has begun. On that day, he remained absent. Exemption petition was filed which came to
be allowed. Subsequently, NBW was issued and during the lock-down period, he was taken into custody by executing the NBW. The petitioner is
ready to abide by the conditions that may be imposed by this Court. Hence, prayed for grant of bail.
Per contra, learned High Court Government Pleader objected the bail petition.
Upon hearing the arguments and on perusal of the records, admittedly, the petitioner has been granted bail by the Sessions Judge on 12.12.2018,
charges were framed on 24.10.2019 and the case was fixed for trial on 28.11.2019. Later, the petitioner remained absent and exemption petition was
filed, which came to be allowed. Later, on 15.02.2020, the petitioner remained absent and NBW was issued. Further, on another two days, NBW was
repeatedly issued and he was arrested by executing the warrant. The petitioner is in custody for more than one year. Only on two dates, he remained
absent. Therefore, considering the facts and circumstances of the case, I am of the opinion that if the petitioner is released on bail by imposing certain
conditions, no prejudice would be caused to the case of the prosecution. Hence, the following:
Order
Criminal Petition is allowed.
The Trial Court is directed to release the petitioner-accused No.4 on bail in SC No.107/2018 pending on the file of the Principal District and Sessions
Judge, Tumakuru, for the offence punishable under Section 397 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court.
ii) Petitioner shall take up the trial without causing any delay.