Poornesha vs State of Karnataka

Budihal R.B., J.—This is the petition filed by the petitioner/accused No. 5 u/s 439 of Cr. P.C. seeking his release on bail for the alleged offences punishable u/s 399 and 402 of IPC registered in'' the respondent-police station in Crime No. 341/2011.

Heard the arguments of the learned Counsel appearing for the petitioner-accused No. 5 and also the learned High Court Government Pleader for the respondent/State.

Learned Counsel for the petitioner during the course of his arguments submitted that, earlier the present petitioner was also granted with anticipatory bail by the order of the Court. But as he was not served with the summons, he remained absent in appearing before the concerned Court and subsequently, after coming to know, accused No. 5 voluntarily surrendered before the concerned Court. Learned Counsel also made submission that other accused persons have already been tried and they have been acquitted in the case. Hence, he submits that by imposing any reasonable condition, he may be admitted to bail.

As against this, the learned High Court Government Pleader during the course of his argument submitted that there is prima-facie material placed by the prosecution and hence, the petitioner is not entitled to be granted with bail.

I have perused the averments made in the bail petition, FIR, Complaint and order passed by the Lower Court on the bail application and other materials placed on record. The material placed on record goes to show that on earlier occasion, the present petitioner was granted with bail. Hut subsequently as he remained absent, process was issued by the concerned Court. The order sheet produced by the learned Counsel for the petitioner also goes to show that, subsequently i.e., on 23.03.2014, petitioner-accused No. 5 has voluntarily surrendered before the concerned Court and he has been represented by an advocate. The conduct of the present petitioner-accused No. 5 in voluntarily surrendering before the concerned Court, prima-facie goes to show that his absence in not appearing before the concerned Court is not intentional nor deliberate. The offences alleged are not exclusively punishable with death or imprisonment for life.

Learned Counsel for the petitioner also submits that, already accused Nos. 1 to 4 have been tried and they have been acquitted in the case. Therefore, looking into these material on record and to secure the presence of the present petitioner before the concerned Court during the course of the trial proceedings, stringent conditions can be imposed and he can be admitted to bail.

Accordingly, the petition is allowed. Petitioner/accused No. 5 is ordered to be released on bail for the offence punishable u/s 399 and 402 of IPC, registered in respondent-police station Crime No. 341/2011 subject to the following conditions:

i) Petitioner shall execute a personal bond for a sum of Rs. 50,000/- and shall furnish two solvent sureties for the like sum to the satisfaction of the concerned Court.

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

iii) Petitioner shall appear before the concerned Court regularly.