Karnataka High Court
Appaiah @ Navaneeth Kumar vs State Of Karnataka on 30 May, 2023
Bench: Mohammad Nawazpresided Bymnj
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CRL.P No. 3962 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 3962 OF 2023
BETWEEN:
1. AOPPAIAH @ NAVANEETH KUMAR
S/O MEESE MAHADEVAPPA,
AGED ABOUT 36 YEARS,
R/AT KACHERIPALYA,
DODDABALLAPUR TOWN-561 205.
BENGALURU RURAL DISTRICT
...PETITIONER
(BY SRI. GOWTHAMDEV C ULLAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
DODDABALLAPUR TOWN POLICE STATION,
REP BY SPECIAL PUBLIC PROSECUTOR
Digitally HIGH COURT OF KARNATAKA
signed by BENGALURU-560 001.
LAKSHMI T
...RESPONDENT
Location:
High Court (BY SRI. RENUKARADHYA, HCGP)
of Karnataka
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.140/2013 OF
DODDABALLAPUR TOWN POLICE STATION BENGALURU
DISTRICT FOR THE OFFENCE P/U/S.143,147,148,302 R/W
SEC.149 OF IPC PENDING ON THE FILE OF THE IV ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT DODDABALLAPURA
BENGALURU RURAL IN S.C.NO.10049/2018.
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CRL.P No. 3962 of 2023
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for petitioner and the
learned High Court Government Pleader for respondent-
State and perused the material on record.
2. Petitioner is before this Court in this petition
filed under Section 439 of Cr.P.C. to enlarge him on bail in
split up case in SC No.10049/2018 pending on the file of
IV Additional District and Sessions Judge, Doddaballapura,
Bengaluru Rural.
3. FIR was registered against 14 persons in
Cr.No.140/2013 of Doddaballapura Town Police Station on
a complaint lodged by one Manjula W/o Jagadeesh in
respect of an incident of assault on her brother by name
Prakash. The said Prakash succumbed to the injuries
sustained by him on the same day. Charge sheet was
filed against accused Nos.1 to 14 for the offences
CRL.P No. 3962 of 2023
punishable under Sections 143, 147, 148, 302 r/w 149 IPC
and the case was committed to the Court of IV Additional
District and Sessions Judge, Doddaballapur and numbered
as SC No.10024/2014.
4. The material on record would reveal that all the
accused were enlarged on bail on 31.10.2014 during
pendency of the trial. The petitioner remained absent
from 18.11.2018 and in spite of issuance of NBW he was
not secured and therefore, split up case was registered
against him in SC No.10049/2018. Later, on 05.04.2023,
the petitioner came to be arrested and he was remanded
to the judicial custody.
5. The learned Sessions Judge has rejected the
prayer seeking bail on the ground that the petitioner has
absconded and remained absent before the trial Court for
a period of six years and that he has threatened the
complainant to withdraw the case etc.
CRL.P No. 3962 of 2023
6. It is not in dispute that other accused persons
who faced trial in SC No.10024/2014 have been acquitted
by the trial Court vide judgment dated 21.06.2017. The
petitioner claims to be innocent. The learned counsel for
the petitioner submitted that absence of the petitioner
before the trial Court was not intentional. He submits
that the petitioner will regularly appear before the trial
Court.
7. Considering the above facts and circumstances,
the petitioner can be given an opportunity to participate in
the trial. He has undertaken to furnish sufficient surety to
ensure his presence before the trial Court. He is a
permanent resident of Kacheripalya, Doddaballapur Town.
Hence, by imposing necessary conditions the petitioner
can be enlarged on bail. Accordingly, the following:
ORDER
i. Petition is allowed.
CRL.P No. 3962 of 2023
ii. Petitioner/accused No.7 is ordered to be
released on bail in SC No.10049/2018 pending on the file
of IV Additional District and Sessions Judge,
Doddaballapura, Bengaluru Rural (Cr.No.140/2013 of
Doddaballapura Town Police Station), subject to following
conditions:
i. The petitioner shall execute a
personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh
only) with one surety for the likesum
to the satisfaction of the
jurisdictional Court.
ii. Petitioner shall furnish proof of his
residential address and shall inform
the Investigating Officer/Court, if
there is any change in address.
iii. Petitioner shall mark his attendance
before the jurisdictional police
station on every Sunday from
10.00 a.m. to 1.00 p.m. till the
conclusion of the trial.
CRL.P No. 3962 of 2023
iv. Petitioner shall not indulge in
tampering with the prosecution
witnesses.
v. Petitioner shall not involve in
criminal activities.
vi. Petitioner shall appear before the
Trial Court on all date of hearing
without fail.
Violation of any of the above conditions shall result in
cancellation of bail.
SD/-
JUDGE
TL
