Ganesh Buda vs State Of Karnataka

Krishna S.Dixit, J

Petitioners being the accused persons in Crime No.175/2019 registered by the Magadi Road Police for offences punishable u/ss 328 & 381 of IPC

having suffered rejection of their bail petitions in Crl. Misc. No. 11159/2019 & 392/2020 are invoking the jurisdiction o f this Court seeking their

enlargement on bail under Section 439 of Cr.P.C., 1973.

After service of notice, the respondent-State having entered appearance through the learned HCGP Shri Mahesh Shetty vehemently oppose the bail

petitions contending that there is prima facie material to show that the accused persons are not innocent and that they have perpetrated the offences

alleged against them; he also submits that releasing of the petitioners on bail would pose threat to peace & order of the society.

Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that the liberty of the

petitioners should be restored for the following reasons:

a) the offences alleged against the petitioners do not attract death penalty or life imprisonment and therefore, they cannot be termed as heinous or

serious;

b) petitioners have been in the custody for some time now, and that they undertake to abide by all conditions that may be imposed by this Court or by

the learned trial judge in the course of the proceedings;

c) it is a settled principle of law that bail is a rule and jail is an exception, especially in cases which do not attract capital punishment or life

imprisonment; there is no reason as to why petitioners should continue in custody and that the money should be spent by the exchequer for the same;

d) it is not desirable to over crowd the jails when Court can take judicial notice of such over crowding and therefore, offenders of crimes which do not

attract the punishments mentioned above need to be released from custody;

In the above circumstances, these petitions are favoured and that petitioners shall be enlarged on bail subject to the following conditions:

i) Within four weeks of their release, petitioners shall execute their personal bonds for a sum of Rs1,00,000/-(One Lakh Rupees) only with one surety

for the like-sum to the satisfaction of the jurisdictional court.

ii) The petitioners shall mark their attendance once in a fortnight in the jurisdictional Police Station and that they shall not leave the jurisdiction of the

trial Court without its leave.

iii) Petitioners shall participate and cooperate in the further investigation if any, and of the trial of offences before the learned judge of the Court

below.

iv) Petitioners shall not intimidate or influence the prosecution witnesses or destroy any evidentiary material in the case.

The learned Registrar (Judicial) is requested to transmit this order to the jurisdictional Court/Authority by e-mail or otherwise, as early as possible for

information and needful implementation.