Prasanna vs The State Of Karnataka
2023 Latest Caselaw 4082 Kant

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                                                  NC: 2023:KHC:23402
                                                  CRL.P No. 4382 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 6TH DAY OF JULY, 2023

                                        BEFORE
                      THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                         CRIMINAL PETITION NO. 4382 OF 2023
               BETWEEN:

               1.    PRASANNA
                     AGED ABOUT 35 YEARS,
                     LATE RAJANNA
                     R/O CHALLEGATTA,
                     KENGERI HOBLI,
                     BENGALURU SOUTH,
                     BENGALURU-560 095.

                                                           ...PETITIONER
               (BY SRI. HEMANTH KUMAR K., ADVOCATE)


               AND:

Digitally      1.    THE STATE OF KARNATAKA BY
signed by            HALAGUR POLICE STATION,
SUMITHRA             REP BY STATE PUBLIC PROSECUTOR,
R                    HIGH COURT COMPLEX,
Location:            BENGALURU-560 001.
High Court                                                ...RESPONDENT
of Karnataka   (BY SRI.K.KRISHNA KUMAR, HCGP)


                    THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
               ENLARGE HIM ON BAIL IN S.C.NO.66/2023 (CR.NO.2/2016) OF
               HALAGUR POLICE FOR THE OFFENCES P/U/S 120B, 302, 201
               R/W 34 OF IPC, PENDING BEFORE THE V ADDITIONAL
               DISTRICT AND SESSIONS JUDGE, MANDYA.

                    THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
               THE COURT MADE THE FOLLOWING:
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                                  NC: 2023:KHC:23402
                                   CRL.P No. 4382 of 2023




                         ORDER

Petitioner/accused No.1 is seeking to enlarge him

on bail in S.C.No.66/2023 pending on the file of

V Additional District and Sessions Judge, Mandya.

2. Heard the learned counsel for petitioner and

the learned High Court Government Pleader for

respondent-State and perused the material on record.

3. Charge sheet is filed against accused Nos.1

to 4 for offences punishable under Sections 120B,

302, 201 r/w 34 IPC in respect of an incident which

occurred on 10.11.2015 at about 8.30 p.m. wherein,

the accused are alleged to have committed the

murder of one Anilkumar by strangulating him with a

towel, on the ground that he was having an illicit affair

with the wife of accused No.1. Petitioner is arraigned

as accused No.1. He was arrested and enlarged on

bail. But, thereafter he absconded and therefore, the

learned magistrate has split up the case against him

NC: 2023:KHC:23402 CRL.P No. 4382 of 2023

and committed the case to the Court of Sessions,

which was numbered as S.C.No.11/2017 and trial was

held against accused Nos.2 and 4. The material on

record further reveal that the accused filed

Crl.Misc.No.375/2018 and obtained bail and appeared

before the learned Magistrate in CC No.84/2016 and

obtained regular bail but subsequently he again

remained absent and therefore warrant came to be

issued and he was later secured on 17.12.2022 and

since then he is in judicial custody.

4. It is submitted by the learned counsel for

petitioner that the trial held against accused Nos.2

and 4 has been ended in acquittal and since the

petitioner had met with an accident after he was

enlarged on bail, he could not participate in the court

proceedings and thereafter due to pandemic situation,

the petitioner could not appear before the trial Court.

NC: 2023:KHC:23402 CRL.P No. 4382 of 2023

He therefore seeks to show him indulgence and to

release on bail.

5. The learned High Court Government Pleader

has opposed the prayer contending that the petitioner

has remained absent twice and in view of the same,

trial against him is still pending. He contends that, if

the petitioner is released on bail, he may once again

flee from justice.

6. It is not in dispute that the trial held against

accused Nos.2 and 4 has been ended in acquittal. The

learned Sessions Judge vide judgment dated

24.04.2018 in S.C.No.11/2017 has acquitted accused

Nos.2 and 4 of the charged offences under Sections

were initially granted bail in the year 2018, but they

have absconded. Therefore, the case was split up

against them in C.C.No.84/2016 and the matter was

committed to the Court of Sessions and numbered as

NC: 2023:KHC:23402 CRL.P No. 4382 of 2023

S.C.No.11/2017. Thereafter, the petitioner obtained

anticipatory bail in Crl.Misc.No.375/2018 and regular

bail in 2018. Even thereafter he was not regular to

the Court and he remained absent and he was secured

through warrant. Against the petitioner, case is now

committed to the Sessions Court and it is numbered

as S.C.No.66/2023. Hence, as rightly pointed out by

the learned High Court Government Pleader, the

petitioner has not only violated the conditions, there

are chances of him fleeing from justice in the event he

is released on bail. Considering that the incident is of

the year 2015 and the trial is still pending due to the

absence of the petitioner, he is not entitled for the

relief of bail at this stage. Petition is dismissed.

Sd/-

JUDGE

TL