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Judgment
S Sunil Dutt Yadav, J
Petitioner who is accused No.2 is seeking for being enlarged on bail in connection with his detention in S.C.No.1404/2019 as regards complaint registered under Sections 143, 147, 148, 109, 120B & 302 read with Section 149 of IPC, pending on the file of the XXVI Additional City Civil and Sessions Judge, Mayohall, Bangalore.
It is the case of the petitioner that his arrest was made on 09.03.2024 pursuant to the non-bailable warrant issued due to his absence in attending the proceedings before the trial Court. It is submitted that petitioner who was accused No.2 was earlier enlarged on bail in Crl.P.No. 4730/2019 by order dated 29.08.2019. It is submitted that thereafter, petitioner has complied with the conditions imposed and was participating in the proceedings before the trial Court. However, it is submitted that during Covid-19 pandemic, petitioner was unable to attend the Court regularly and he was once again arrested but the trial Court by order dated 12.09.2022 had enlarged the petitioner on bail once again with fresh conditions. It is submitted that thereafter, the petitioner has again committed default in attending the proceedings due to bonafide reasons including relating to the medical ailments of his father, who eventually passed away. It is submitted that the petitioner was then taken into custody once again on 09.03.2024. It is submitted that the bail petition be allowed and the petitioner be put to stringent terms.
Learned counsel appearing for the State would submit that the petitioner is a chronic defaulter insofar as adherence to the conditions imposed and was released on bail on two occasions once by the High Court and later during trial proceedings when he committed default and was arrested again. The Sessions Court had again enlarged the petitioner on bail and despite such sufficient opportunities being granted, petitioner has been violating the conditions of bail imposed and there is likelihood that petitioner may abscond, if released on bail once again.
Heard both sides.
Perused the order sheet. No doubt, it is noticed that the petitioner was enlarged on bail by order dated 29.08.2019 in Crl. P.No.4730/2019. After he has committed default, once again the trial Court appears to have taken a lenient view and has enlarged him on bail by order dated 12.09.2022. Thereafter, it appears that the petitioner who was accused No.2 has again committed default of bail conditions and has been subsequently arrested.
Learned counsel for the petitioner has produced medical records of Sri.Syed Muqtiyar, father of the petitioner, as well as the patient's identity card which indicates that petitioner's father was taking treatment from Kidwai Memorial Institute of Oncology. The reports including the reports of the Radiologist issued by the Manipal Hospital would indicate that the petitioner's father was suffering from 'Metastatic left level II cervical lymphadenopathy'. The reports relate to the period of 2023. The original file containing medical records was returned after perusal and petitioner was asked to file Xerox copies of such documents.
Taking note of such submission and noticing that the other accused are enlarged on bail and trial has started, the petitioner may be given one more opportunity to be enlarged on bail while imposing stringent conditions. Taking note of the medical condition of petitioner's father and also that he eventually has succumbed to the medical ailment and taking a considerate view, it would be appropriate to enlarge the petitioner on bail.
Hence, the following:
ORDER
The petition is allowed. Consequently, petitioner/Accused No.2 shall be released on bail in connection with Crime No.183/2018 (S.C.No.1404/2019) of Shivajinagar Police Station, registered for the offences punishable under Sections 143, 147, 148, 109, 302, 120B read with Section 149 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties for the likesum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed off.
(v) Petitioner shall mark his presence before the jurisdictional Station House Officer once in a week.
(vi) It is made clear that if the petitioner remains absent without the order of the Court, the relief of bail granted would stand automatically rescinded.
(vii) Petitioner is at liberty to move the Court for relaxation of conditions after one year.