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Judgment
Shivashankar Amarannavar, J
This petition is filed by accused No.5 under Section 439 of Cr.PC praying to grant bail in SC No.432/2024 (Crime No.387/2014 of Kamakshepalya Police Station) pending on the file of the learned LXVI Additional City Civil and Sessions Judge, Bengaluru (CCH No.67) registered for offences punishable under Sections 399 and 402 of IPC.
Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State.
The learned counsel for the petitioner would contend that the petitioner was granted bail in the year 2014 at the crime stage. Thereafter, the charge sheet was filed, and the case was committed to the Sessions Court and numbered as S.C. No.691/2015. The petitioner had appeared in the said case. The petitioner remained absent on 10.08.2023, and non-bailable warrant (NBW) was issued against him and notice was also issued to the surety. The petitioner came to be arrested in Crime No.256/2023 of Magadi Road Police Station on 18.12.2023 and was remanded to judicial custody. In the said case, the petitioner was granted bail on 09.05.2025. He remained absent in S.C. No.691/2015, the case against him came to be split up on 25.01.2024, and the split-up case has been registered as S.C. No.432/2024.
The petitioner has been secured in SC No. 432/2024 under body warrant. Though the petitioner has been granted bail in Crime No.256/2023 of Magadi Road Police Station, he is still in judicial custody, as a body warrant is pending against him in S.C. No.432/2024.
Now the petitioner has deposited Rs.25,000/-towards forfeited bond amount of Rs.50,000/- in SC No.432/2024 on 07.02.2026. The petitioner has now undertaken to appear before the Trial Court on all dates of the hearing and to cooperate for speedy disposal of the case.
Considering the above aspects, the petitioner has made out a case for grant bail with conditions.
In the result, the following:
ORDER
i) The petition is allowed.
ii) The petitioner is granted bail in SC No.432/2024 (Crime No.387/2014 of Kamakshipalya Police Station) pending on the file of the learned LXVI Additional City Civil and Sessions Judge, Bengaluru (CCH No. 67) registered for offences punishable under Section 399 and 402 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 life-sum to the satisfaction of the Trial Court.
b) The petitioner shall not tamper the prosecution witnesses either directly neither indirectly.
c) The petitioner shall attend the Trial Court on all dates hearing unless exempted and cooperate for speedy disposal of the case.
The amount deposited by the petitioner shall be appropriated to the State towards forfeited bond amount.