Sayed Sameer @ Sameer vs State Of Karnataka

K. N. Phaneendra, J

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent â€" State. Perused the records.

The learned counsel for the petitioner is directed to comply with the office objections through e-mail or immediately after the lock down is lifted,

pertaining to Covid-19.

The petitioner was charge sheeted for the offence punishable under sections 399 and 402 of IPC in Crime No.93/2019 on the file of the respondent

police and he was granted with bail by virtue of the order dated 12.02.2020 passed in Crl.Misc. No.96/2020.

It is submitted by the learned counsel for the petitioner that the petitioner had remained absent before the Trial Court for some time. Therefore, it

appears warrant was issued against him and he was secured by non-bailable warrant on 19.11.19 and since then, he has been in judicial custody.

The learned counsel for the petitioner submitted that the accused was suffering from various ailments and he is a very poor man and he has already

undergone punishment for his negligence in not appearing before the court on regular dates of hearing and prayed for grant of bail.

Perhaps, by this time, the petitioner might have understood as to what would be the consequence if he remained absent before the court on the

dates of hearing. As he has already been in jail since 19.11.19, in my opinion, by imposing stringent condition, he should be given one opportunity to

adhere to the conditions imposed by the court. Hence, the following:

ORDER

The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.93/2019 of Doddapete Police Station,

Shivamogga District, registered for the alleged offences, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the jurisdictional

Court.

(ii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.

(iii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed

of.

(v) If the petitioner absents himself before the court on any two consecutive occasion in future, without the court exempting him from appearance, this

bail order shall not come to his aid and immediately, the court will take him to the custody for further proceedings.

(vi) The jail authorities before release shall conduct medical examination of the petitioners as required, in view of pandemic COVID-19.