Zabi @ Zabiulla vs State of Karnataka

K.N. Keshavanarayana, J.—As the Petitioner in all these three petitions are common, these petitions were heard together and are being disposed of by this common order.

Petitioner has been arrayed as accused No. 1 in Spl. C.C. No. 79/08 and accused No. 2 in Spl. C.C. Nos. 92/08 and 93/08 betas the I Addl. Sessions and Special Judge, Mysore. It is alleged that the Petitioner along with other persons committed theft of electrical wires belonging to KPTCL and sold them to accused Nos. 4, 5 and 7 and thereby the accused have committed offences punishable under Sections 379 and 411 of IPC. On the complaint lodged by Junior Engineer(Electrical), KPTCL, K.R. Nagara Branch, cases were registered by Saligrama, Bilikere and K.R. Nagar police stations. During the course of investigation, Petitioner was arrested and when produced before the jurisdictional Magistrate, he was enlarged on bail. After completion of investigation, charge-sheet came to be filed before the jurisdictional Magistrate. However, having regard to "the fact that the cases were registered on the basis of complaint lodged by Junior Engineer, KPTCL, cases were transferred to Special Court under Electricity Act, 2003. After transfer of cases to Special Court, it appears summons were issued to the Petitioner for his appearance before the Special Court. However, the Petitioner did not respond to the summons. Non-bailable warrant issued against him also could not be executed and all attempts made to secure his presence also did not yield any result. Ultimately, the Petitioner was apprehended and when he was produced before the Special Court, he was remanded to Judicial custody on 18.11.2009 and since then, he has been in judicial custody and his application for bail came to be rejected by the Special Court. Therefore, the Petitioner has approached this Court.

It is the contention of the Petitioner that after transfer of the cases to Special Court, he changed his address and as a result, he could not receive summons issued by Special Court, therefore he had justified reasons for his absence before the Special Court, It is his further contention that having regard to the materials on record, there are no prima- facie evidence to indicate that he has committed any of the offences as Such he is entitled to be enlarged on bail.

The prayer for bail is opposed by the Respondent State mainly on the ground that the Petitioner is involved in number of cases of similar offences and on account of absence of the Petitioner, the trial of the case has been delayed and if the Petitioner is enlarged on bail, there is every chance of his absconding and thereby hampering the trial, Therefore, the Respondent has sought for dismissal of the petitions.

I have heard learned Counsel appearing for the Petitioner and also learned Government Pleader Sri. G.M. Srinivasa Reddy, appearing for the Respondent State.

There is no dispute that the Petitioner in all these cases was enlarged on bail by the learned Magistrate during investigation. There is also no serious dispute that the Petitioner was regularly appearing before the learned Magistrate till the case was transferred to Special Court. The Petitioner was arrested on 18.11.2009 and was remanded to judicial custody. His application for bail came to be rejected by the Special Court only on the ground that if the Petitioner is enlarged on bail, there is every chance of his absconding from the place and thereby hamper the trial. Having regard to the feet that the Petitioner has been in judicial custody for more than a year and the Special Court has not yet commenced the trial and in view of the observations made by the learned Special Judge during the course of order while rejecting the bail application, the delay appears to be on account of non-cooperation from the investigating officer. Therefore, I am of the considered opinion that the Petitioner is entitled to be enlarged on bail in all three cases subject to conditions.

Accordingly the petitions are allowed. The Petitioner is ordered to be enlarged on bail in connection with the aforesaid three cases subject to the following conditions :

i. Petitioner shall execute personal bonds for Rs. 25,000/- in each of the cases with two local sureties for the like sum to the satisfaction of the Special Court;

it. Petitioner shall appear before the Special Court on all hearing dates without fail.