Mr. Srikantha @ Kantha vs State Of Karnataka
2023 Latest Caselaw 862 Kant

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                                                       CRL.P No. 10559 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 13TH DAY OF JANUARY, 2023

                                           BEFORE

                              THE HON'BLE MRS JUSTICE M G UMA

                           CRIMINAL PETITION NO. 10559 OF 2022
                   BETWEEN:
                      MR. SRIKANTHA @ KANTHA
                      AGED 19 YEARS,
                      S/O PRAKASH,
                      R/AT BOMMANAKATTE,
                      ASHRAYA BADVANE,
                      SHIVAMOGGA-577 201.
                                                                 ...PETITIONER
                   (BY SRI PRASAD K R RAO, ADVOCATE)

                   AND:
Digitally signed
by NANDINI B G        STATE OF KARNATAKA
Location: High        BY VINOBHA NAGARA PS,
Court Of
Karnataka             REPRESENTED BY STATE PUBLIC PROSECUTOR,
                      HIGH COURT OF KARNATAKA,
                      BENGALURU-560 001.
                                                          ...RESPONDENT

                   (BY SRI H S SHANKAR, HCGP)

                        THIS CRIMINAL PETITION FILED UNDER SECTION 439
                   CR.P.C PRAYED THAT THIS HON'BLE COURT MAY BE KINDLY BE
                   PLEASED TO GRANT BAIL TO THE PETITIONER ACCUSED NO.3
                   IN CONNECTION WITH CRIME NO.203/2018 OF VINOBHA
                   NAGARA POLICE STATION REGISTERED FOR THE OFFENCE
                   PUNISHABLE UNDER SECTION 397 IPC NOW PENDING AS
                   S.C.5/2019 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS
                   COURT, SHIVAMOGGA.
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                                            CRL.P No. 10559 of 2022




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

The petitioner-accused No.3 is before this Court

seeking for grant of bail under Section 439 of Cr.P.C. in

Crime No.203 of 2018 of Vinobanagara Police Station,

Shivamogga pending in S.C.No.5 of 2019 on the file of the

I Additional District and Sessions Judge, Shivamogga,

registered for the offences punishable under Section 397 of

the Indian Penal Code (for short 'IPC'), on the basis of the

first information lodged by the informant,

Sri.Somashekharaiah.

2. Heard Shri Prasad.K.R., learned Counsel for the

petitioner and Shri H.S.Shankar, learned High Court

Government Pleader for the Respondent -State. Perused

the materials on record.

3. Learned Counsel for the petitioner submitted

that the petitioner is arraigned as accused No.3. He is

innocent and has not committed any offences as alleged.

CRL.P No. 10559 of 2022

He has been falsely implicated in the matter without any

basis. He was apprehended on 21.06.2018. Subsequently,

he was released on bail on 15.10.2018. However, he could

not appear before the Trial Court as he was apprehended in

another case on 17.04.2019. In the said case, the

petitioner was acquitted vide judgment dated 03.08.2022.

Immediately thereafter, he moved the bail application

before the Trial Court, which came to be rejected.

Therefore, the petitioner is before this Court.

4. Learned counsel for the petitioner further

submitted that the petitioner is in judicial custody and is

not required to be detained in custody for any purpose

except to ensure his presence before the Trial Court. The

trial is in progress. PWs-1 to 3 are already examined.

Many of the charge-sheet witnesses are given up by the

prosecution. Under such circumstances, his detention in

custody would amount to pre-trial punishment. The

petitioner is the permanent resident of the address

CRL.P No. 10559 of 2022

mentioned in the cause title to the petition and is ready

and willing to abide by any of the conditions that would be

imposed by this Court. Hence, he prays to allow the

petition.

5. Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioner for having

committed the offences. Initially, he was granted bail, but

later, he was absconding. However, it is found that the

petitioner was apprehended and detained in another case.

He is an habitual offender. Looking to the facts and

circumstances of the case, the petitioner is not entitled for

the relief of bail. Hence, he prays for dismissal of the

petition.

6. In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

CRL.P No. 10559 of 2022

"Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?"

My answer to the above point is in 'Affirmative' for the

following:

REASONS

7. On perusal of the records, it is seen that initially

FIR came to be registered against unknown persons. After

investigation, charge-sheet is filed. Admittedly, petitioner

was apprehended on 21.06.2018 and was released on bail

on 15.10.2018. The petitioner has assigned reasons for

non-appearance before the Trial Court as he was

apprehended in another criminal case, which was not

denied by the learned HCGP. It is stated that the petitioner

is acquitted in the said case vide judgment dated

03.08.2022 and on 05.08.2022, he moved the bail

application before the Trial court. In view of these

circumstances, it cannot be said that the petitioner

remained absent deliberately before the Trial Court. Hence,

I am of the opinion that the petitioner is entitled to be

CRL.P No. 10559 of 2022

enlarged on bail subject to conditions, which will take care

of the apprehension expressed by the learned High Court

Government Pleader that the petitioner may abscond or

may tamper or threaten the prosecution witnesses.

8. Accordingly, I answer the above point in the

affirmative and proceed to pass the following:

ORDER

The petition is allowed.

The petitioner is ordered to be enlarged on bail in

Crime No.203 of 2018 of Vinobanagara Police Station,

Doddapete ircle, Shivamogga on obtaining a bond in a sum

of Rs.2,00,000/- (Rupees Two Lakhs only) with two

sureties for the like-sum to the satisfaction of the

jurisdictional Court, subject to the following conditions:

a) The petitioner shall not commit similar offences.

b) The petitioner shall not threaten or tamper with the prosecution witnesses.

CRL.P No. 10559 of 2022

c) The petitioner shall appear before the Court as and when required.

If in case, the petitioner violates any of the conditions

as stated above, the prosecution will be at liberty to move

the Trial Court seeking cancellation of bail.

On furnishing the sureties by the petitioner, the Trial

Court is at liberty to direct the Investigating Officer to

verify the correctness of the address and authenticity of the

documents furnished by the petitioner and the sureties and

a report may be called for in that regard, which is to be

submitted by the Investigating Officer within five days. The

Trial Court on satisfaction, may proceed to accept the

sureties for the purpose of releasing the petitioner on bail.

Sd/-

JUDGE

DH