Vijay Kumar vs The State of Karnataka

A.S. Pachhapure, J.—The petitioner has approached this Court for grant of bail having been arrested and charge sheeted for an offence punishable under Section 399 of IPC.

The petitioner was granted bail earlier and was appearing in the sessions case. He jumped bail in the year 2005. As he did not appear, case was split up and non-bailable warrant was issued. On the basis of the said warrant, he was arrested in the year 2014 and was produced before the Court in the trial. Thereafter, he moved an application for bail. His request was rejected and therefore, he has approached this Court for grant of bail.

Heard the learned counsel for the petitioner and also the learned High Court Government Pleader.

The contention of the learned counsel for the petitioner is that the petitioner is a married person having minor children and has been in custody since more than one month and that petitioner is ready and willing to abide by any of the conditions that may be imposed by this Court for his release on bail. She also submits that accused Nos. 1 to 3 have been acquitted in pursuance of the trial held in S.C. No. 54/2005 and as there is no material against the petitioner for the said offence, she seeks bail and submits that the petitioner is even willing to offer money security.

On the other hand, the learned High Court Government Pleader supports the order of the learned Sessions Judge and submits that as the petitioner was absconding for a long period, interest of justice needs rejection of the bail application.

So far as the incident is concerned, it is of the year 2003 and perusal of the first information report reveals that accused Nos. 1 to 3 were arrested at the spot and in pursuance of their interrogation, name of the petitioner was revealed. That apart, main accused who were arrested at the spot i.e., accused Nos. 1 to 3 have been acquitted on trial in S.C. No. 54/2005. From this material placed on record, though the petitioner was absconding for a long time, it appears just and proper to accept the security offered so that he could attend the trial till its completion. The petitioner is said to be a poor person earning his livelihood for the maintenance of his wife and minor children by doing labour work and in case if he continued in custody his family will be put to injustice. Considering the aforesaid facts and circumstances, and accepting the submission made by the learned counsel for the petitioner that petitioner is ready to offer money security of Rs. 25,000/-, he has to be released on bail subject to imposing stringent conditions.

Consequently, the petition is allowed. The petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs. 50,000/- with two solvent sureties for the likesum to the satisfaction of the learned Sessions Judge, in addition, to deposit of Rs. 25,000/- cash amount before the Trial Court with further following conditions:

i) That the petitioner shall attend the police station on every Sunday in between 10.00 a.m. and 11.00 a.m. until further orders.

ii) The petitioner shall not tamper with the prosecution witnesses in any manner.

iii) He shall not jump bail.

If any of the conditions are violated, the bail granted entails cancellation.

Intimate the concerned authority.