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Judgment
14 paragraphs · 479 wordsShivashankar Amarannavar, J
This petition is filed by accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.5054/2021 (Crime No.47/2021 of Kikkeri Police Station) pending on the file of the learned III Additional District and Sessions Judge, Mandya (Sitting at Srirangapatna), registered for the offences punishable under Sections 302, 201, 120B and 34 of IPC.
The learned counsel for petitioner and the learned High Court Government pleader for respondent/State.
The learned counsel for petitioner would contend that, the petitioner was earlier granted bail as per order dated 14.09.2021 passed in Crl.P No.6407/2021, and he was released on bail on 29.09.2021. Thereafter, he remained absent on 28.11.2023, and NBW has been issued against him. The said NBW has been executed on 07.01.2024, and since then he is in judicial custody. The petitioner was absent for one day. He has now deposited Rs.20,000/- towards State expenses to secure his presence by executing NBW. The petitioner undertakes to appear before the Trial Court on all dates of hearing and cooperate for speedy disposal of the case. With this, he prayed to allow the petition.
Having heard the learned counsel, the Court perused the materials placed on record.
The petitioner remained absent after he has been released on bail for one day i.e. on 28.11.2023. The NBW issued against the petitioner has been executed, and he has been secured on 07.01.2024, and since then he is in judicial custody. The petitioner has now undertaken to appear before the Trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. The petitioner has now deposited a sum of Rs.20,000/-before the Trial Court towards State expenses to secure his presence by executing NBW. The said amount deposited by the petitioner requires to be appropriated to the State. The petitioner has made out a case for grant of bail with conditions.
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in SC No.5054/2021 (Crime No.47/2021 of Kikkeri Police Station) pending on the file of the learned III Additional District and Sessions Judge, Mandya (Sitting at Srirangapatna), registered for the offences punishable under Sections 302, 201, 120B and 34 of IPC subject to following conditions.
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.
b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.
The amount deposited by the petitioner in a sum of Rs.20,000/- shall be appropriated to the State towards expenses incurred by the State in securing the presence of the petitioner by executing NBW.
