AI Structured Summary
Not yet generated for this judgment
Judgment
Accused No.2 in Crime No.55/2009 registered by Yelandur Police Station, Chamrajanagar District for offence punishable under Section 392 of Indian Penal Code is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.
Heard the learned counsel appearing for the petitioner and the learned Additional State Public Prosecutor appearing on behalf of the respondent-State.
Perusal of the material on record would go to show that petitioner in the present case was arrested on 12.11.2009 and was subsequently granted regular bail. It appears that after the charge sheet was filed in the present case, he had not appeared before the concerned Court. Therefore, split-up case was registered against him and in the said case he has been now arrested and remanded to judicial custody on 07.04.2026.
The bail application filed by the petitioner before the jurisdictional Sessions Court in Criminal Miscellaneous No.181/2026 was rejected on 12.05.2026. Therefore, he is before this Court.
Perusal of the material on record would go to show that charge sheet in the present case has been filed against 3 persons and petitioner is arrayed as accused No.2 in the charge sheet. During the course of investigation of the present case, petitioner was arrested on 12.11.2009 and subsequently, he was enlarged on bail. Since, he had not appeared before the Trial Court after the charge sheet was filed, split-up case was registered against him which is pending consideration in CC No. 242/2017 before the Court of Civil Judge and JMFC, Chamarajanagar District. The case as against the other accused was registered in CC No.36/2010 and in the said case, accused No.1 and 2 have been acquitted for the charge sheeted offences by Judgment and Order of acquittal dated 14.06.2019. In the split up case, petitioner is now arrested and remanded to custody on 07.04.2026. It is brought to the notice of this Court that, except the present case, the petitioner has two other criminal cases pending against him.
Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.55/2009 registered by Yelandur Police Station, Chamrajanagar District for offence punishable under Section 392 of Indian Penal Code, subject to the following conditions:
The petitioner is directed to appear before the Station House Officer of Yelanduru Police Station, Chamarajanagar District between 10:00 a.m. and 01:00 p.m. on every 2nd Saturday of the month and mark his attendance regularly till the case registered against him is disposed off.
Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
Petitioner shall not involve in similar offences in future.