Ayyanar vs State Of Karnataka & Ors

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.C.No.508/2018 (Crime No.151/2018 of Jnanabharathi Police Station) pending on the file of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, registered for offences punishable under Sections 366 and 376 of Indian Penal Code and Sections 4, 5(L) and 6 of Protection of Children from Sexual Offences Act.

Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

Learned counsel for petitioner would contend that, the petitioner has been granted bail by order dated 24.09.2020 passed in Criminal Petition No.4205/2020 and he has been released on 17.10.2020. Thereafter, the charge sheet has been filed and the petitioner did not appear before the trial Court and NBW has been issued against him and he has been secured on 12.03.2025 and since then he is in judicial custody. The petitioner did not appear before the trial Court as there was communication gap between him and his counsel and due to his daughter's illness he went to Chennai and was unable to attend the Court. The petitioner has deposited Rs.50,000/-towards forfeited bond amount of Rs.1,00,000/-. The petitioner undertakes to appear before the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. With these, he prayed to allow the petition.

Learned High Court Government Pleader for respondent No.1 would contend that, due to absence of the petitioner, the case registered against him is pending and it caused delay in disposal of the case. With these, she prayed for dismissal of the petition.

Having heard the learned counsels appearing for parties, the Court has perused the materials placed on record.

The petitioner was on bail as per order passed by this Court. Thereafter the petitioner did not appear before the trial Court and he has been secured by executing NBW on 12.03.2025. The petitioner is in judicial custody since last eleven (11) months. The petitioner has undertaken to appear before the trial Court on all dates of hearing and abide by any conditions to be imposed by this Court. The petitioner has deposited Rs.50,000/- towards forfeited bond amount of Rs.1,00,000/-. The said amount deposited by the petitioner is to be appropriated to the State towards forfeited bond amount.

Considering all the above aspects, the petitioner has made out a case for a grant of bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted bail in Spl.C.No.508/2018 (Crime No.151/2018 of Jnanabharathi Police Station) pending on the file of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.

ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

The amount deposited by the petitioner for a sum of Rs.50,000/- shall be appropriated to the State towards forfeited bond amount.