Nagaraj S/O Subbarao Kadli vs The State Of Karnataka
2021 Latest Caselaw 3228 Kant

                          1


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 25TH DAY OF AUGUST, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ


       CRIMINAL PETITION NO.201061 OF 2021

BETWEEN:

NAGARAJ
S/O. SUBBARAO KADLI
AGE: 30 YEARS,
OCC: AGRICULTURE,
R/O. SAGAR CAMP,
NEAR GOUDANABHAVI VILLAGE,
TQ: SINDHANUR,
DIST: RAICHUR-584 101.
                                          ... PETITIONER

(BY SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
R/BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585 106
THROUGH SINDHANUR TOWN P.S.
DIST: RAICHUR-584 101.
                                         ... RESPONDENT

(BY SRI. MALLIKARJUN SAHUKAR, HCGP)
                              2


    THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CRIMINAL PROCEDURE CODE PRAYING TO GRANT THE
REGULAR BAIL TO PETITIONER/ACCUSED NO.11 IN CC
NO.776/2017 (SINDHANUR TOWN P.S. CRIME NO.121/2017)
FOR OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148,
120-b, 506 AND 302 READ WITH 149 OF IPC.

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                        ORDER

Petitioner is seeking bail in CC No.776/2017 arising

out of Crime No.121/2017 of Sindhanoor Town Police

Station, Raichur, pending on the file of Prl. Civil Judge

(Jr.Dn.) & JMFC, Sindhanoor, Raichur District.

2. Heard both side and perused the material on

record.

3. Petitioner is arraigned as accused No.11 in the

charge sheet filed by the respondent-police, for offence

punishable under Sections 143, 147, 148, 120B, 506, 302

read with Section 149 of IPC. Charge sheet was filed

showing accused Nos.2, 11 and 12 as absconding. Accused

No.1, 3 to 10 who faced trial in S.C.No.150/2017 on the

file of Court of Prl. District and Sessions Judge at Raichur

were acquitted vide judgment and order dated

02.05.2018.

4. A split up charge sheet was filed against

accused Nos.2, 11 and 12. Petitioner was granted

anticipatory bail in Crl. Misc. No.83/2018 vide order dated

02.07.2018. However, he failed to appear before the court.

Hence, NBW was issued on 11.12.2018. Petitioner is said

to have appeared before the Court on 24.12.2018 and filed

an application to recall the NBW issued against him. As per

the submission of the learned counsel for the petitioner by

oversight, the NBW issued against accused No.2 was

recalled instead of petitioner/accused No.11. Thereafter

due to non-appearance of the accused, once again, NBW

was issued. Petitioner appeared before the Court on

15.06.2021 and filed an application for recalling of the

NBW. However, his application was rejected and he was

sent to judicial custody.

5. The bail petition filed by the petitioner came to

be rejected by the learned Sessions Judge vide order dated

30.06.2021 in Criminal Misc. No.750/2021. Hence, the

petitioner is before this Court, seeking to enlarge him on

bail.

6. Learned High Court Government Pleader has

contended that throughout, petitioner has remained absent

and therefore split up charge sheet was filed against him.

He submits that due to non-appearance of the petitioner,

the case is still pending since 2017. Therefore, he contends

that petitioner is not entitled for the relief he has sought

and further contends that if the petitioner is enlarged on

bail, he may once again flee from justice and the trial will

be delayed.

7. It is not in dispute that the trial was held

against accused Nos.1, 3 to 10 and by judgment dated

02.05.2018 passed in S.C.No.150/2017, they were

acquitted by the Sessions Court. Petitioner was initially

granted anticipatory bail in Criminal Misc. No.83/2018 on

02.07.2018. Learned counsel for petitioner has submitted

that petitioner has voluntarily appeared on 24.12.2018 and

NBW was recalled. However, by oversight, the learned

Magistrate recalled the NBW issued against accused No.2

instead of accused No.11. He submits that petitioner has

voluntarily appeared before the Court on 15.06.2021. He

submits that petitioner will undertake to appear before the

Court regularly and also ready to abide by other

conditions.

8. Considering the above facts and

circumstances, to give one more opportunity to the

petitioner, in the interest of justice, by imposing

conditions, the relief sought by the petitioner can be

granted. Accordingly, the following:

ORDER

Petition is allowed. Petitioner/accused No.11 shall be

enlarged on bail in C.C.No.776/2017 pending on the file of

Prl. Civil Judge (Jr.Dn.) & JMFC Court at Sindhanur, Dist.

Raichur arising out of Crime No.121/2017 of Sindhanoor

Town Police Station, subject to following conditions :-

i. Petitioner shall execute a personal bond in a sum of `1,00,000/- (Rupees One Lakh Only) with two sureties for likesum to the satisfaction of the jurisdictional Court.

ii. Petitioner shall furnish proof of his residential address and shall inform the court, if there is change in the address;

iii. Petitioner shall not tamper with the prosecution evidence/witnesses either directly or indirectly;

iv. Petitioner shall mark his attendance before the jurisdictional police station once in 15 days, preferably on first and third Saturday between 10.00 a.m. and 2.00 p.m., till conclusion of trial;

v. Petitioner shall appear before the Trial Court on all dates of hearing without fail.

Sd/-

JUDGE Snc/LG