Jagadish vs State Of Karnataka
2022 Latest Caselaw 11549 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 26TH DAY OF AUGUST, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE K. NATARAJAN

            CRIMINAL PETITION NO.6582/2022

BETWEEN:

JAGADISH @ JUMMKI JAGGA @ JAGGA
S/O DHANAJAYA
AGED ABOUT 32 YEARS
R/AT 30/31, 7TH MAIN ROAD
DASAPPA GARDEN, CHAMARAJAPET MAIN ROAD
GAVIPURAM GUTTAHALLI
BANGALORE - 560019
                                             ... PETITIONER

(BY SRI K.N.CHANDRAPPA, ADV.)

AND:

STATE OF KARNATAKA
BY J.P.NAGAR POLICE
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
                                            ... RESPONDENT

(BY SRI K.K.KRISHNAKUMAR, H.C.G.P.)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.969/2011 OF JAYAPRAKASH NAGAR P.S., BENGALURU
CITY FOR THE OFFENCE P/U/S 143, 144, 147, 148, 302, 120B,
201 R/W 149 OF IPC ON THE FILE OF THE LVIII ADDL.CITY CIVIL
AND SESSIONS JUDGE, BENGALURU.

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

This petition is filed by accused No.5 under Section

439 of the Code of Criminal Procedure, 1973, for granting

regular bail in S.C.No.1089/2019, for the case registered

in Cr.No.969/2011 by Jayaprakash Nagar Police,

Bengaluru City, for the offences punishable under

Sections 143, 144, 147, 148, 302, 120(B), 201 r/w Section

149 of the Indian Penal Code, 1860, now pending on the

file of LVIII Additional City Civil and Sessions Judge,

Bengaluru.

2. Heard the arguments of the learned counsel for

the petitioner and the learned High Court Government

Pleader for the respondent-State.

3. The case of the prosecution is that, the

petitioner was accused in the said crime number, he was

previously arrested in the year 2011 and he was released

on bail. Subsequently, the case was committed to the

Court of Sessions and he was facing trial and during the

trial, he was absconded in the year 2012. Therefore, the

case was spilt-up from S.C.No.1585/2012 and filed a

separate charge sheet against the petitioner.

Subsequently, he was arrested on 14.12.2021 and

remanded to the judicial custody. The main case, in

S.C.No.1585/2012, the accused have been already

acquitted by the trial Court by the judgment dated

15.02.2022. Hence, the petitioner is before this Court.

4. Having heard the arguments of learned counsel

for the petitioner and learned High Court Government

Pleader and on perusal of the record, it reveals ofcourse

the petitioner has already granted bail and jumped the

bail during the trial. The main case itself is already ended

in acquittal in February, 2021. The petitioner is the

permanent resident of Bengaluru. Due to some

unavoidable circumstances, he was unable to attend the

Court in the case registered against him. Therefore,

considering the facts and circumstances and by imposing

certain stringent conditions, if the petitioner is released on

bail, no prejudice would be caused to the case of

prosecution. Hence, the following:

ORDER

Criminal petition is allowed. The Trial Court is

directed to release the petitioner/accused No.5 on bail in

S.C.No.1089/2019 for the crime registered in

Cr.No.969/2011 by Jayaprakash Police Station,

Bengaluru City, for the offences punishable under

Sections 143, 144, 147, 148, 302, 120(B), 201 r/w Section

149 of the IPC, subject to the following conditions:

i) Petitioner shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for the likesum to the satisfaction of the Trial Court;

ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

iii) Petitioner shall not indulge in any similar offences;

iv) Petitioner shall not leave the jurisdiction of the Court without prior permission of the Committal Court;

v) Petitioner shall take up the trial without causing any delay.

vi) Petitioner shall deposit 20% of the earlier bond amount towards penalty and he shall furnish ID card, Aadhar Card etc., for his address proof before the trial Court.

If any of the conditions is violated, the prosecution is

at liberty to move for cancellation of bail.

Sd/-

JUDGE

VM