KUMARA @ BANDE KUMARA vs STATE OF KARNATAKA

This petition is filed by the petitioner/accused No.6 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under

Sections 302 and 307 read with 34 of IPC and charge sheet came to be filed for the offence under Sections 143, 147, 148, 302, 307, 120B, 506

read with 149 of IPC, registered in respondent - police station Crime No.117/2017 and now pending in S.C.No.138/2015 on the file of I Addl.

District and Sessions Judge, Bengaluru Rural District, Bengaluru.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.6 and also the learned High Court Government Pleader

appearing for the respondent-State.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

It is an admitted case as per both sides that earlier the petitioner was released on bail by the order of this Court dated 27.01.2016 passed in

Crl.P.8574/2015, but subsequently, as he remained absent before the concerned Court, NBW was issued by the concerned Court and again he

was taken to custody. In this connection, learned counsel for the petitioner submitted that as the petitioner was suffering from Jaundice, he has not

appeared before the Court and also submitted that petitioner will be regular in attending the case before the concerned Court in future. Petitioner

has also undertaken that he is ready to abide by any conditions to be imposed by this Court.

Since the merits of the matter were already considered and on merits petitioner was released on bail, by giving one more opportunity to the

petitioner, he can be admitted to bail by imposing stringent conditions. Accordingly, petition is allowed. Petitioner/accused No.6 is ordered to be

released on bail for the offence punishable under Sections 143, 147, 148, 302, 307, 120B, 506 read with 149 of IPC, registered in respondent -

police station Crime No.117/2017, subject to the following conditions:

i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned

Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner has to appear before the concerned Court regularly.