Sri Naveen Ram @ Naveen Kumar v. The State of Karnataka

NC:(2024:KHC:53341( CRL.P(No.(14214(of(2024( ( ( ( ( IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ST DATED THIS THE 31 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14214 OF 2024 BETWEEN:

SRI. NAVEEN RAM @ NAVEEN KUMAR S/O LATE R. SURYA NARAYAN RAO, AGED ABOUT 34 YEARS, R/AT NO.62, IST FLOOR, ND TH2 CROSS, 4 MAIN,

ANNAPOORNESHWARI LAYOUT, TH 8 STAGE, J.P. NAGAR, BENGALURU-560 076

…PETITIONER (BY SRI. MANJUNATHA R., ADVOCATE FOR SRI. GADILINGAPPA G.M., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY THALAGHATTAPURA POLICE STATION,

REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, THE HIGH COURT BUILDING, BENGALURU-560 001 Digitallytisignedtiby R0HEMALATHA …RESPONDENT Location:0HIGH (BY SRI. DIVAKAR MADDUR, HCGP) COURT0OF KARNATAKA THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.213/2020 NOW IN S.C.NO.171/2024 P/U/S 399,402 OF IPC AND SEC.25(1B),(B),4 OF ARMS ACT IN THALAGHATTAPURA P.S BENGALURU WHICH IS PENDING ON THE FILE OF HONBLE PRL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT AT BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

NC: 2024:KHC:53341 CRL.P No. 14214 of 2024

ORAL ORDER

¶1The petitioner has been charge-sheeted for the offenses punishable under Sections 399 and 402 of the Indian Penal Code (IPC). He was previously granted regular bail subject to certain terms and conditions.

¶2Heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for the respondent.

¶3The petitioner failed to appear before the trial Court when summoned for a period exceeding one year and eight months, leading the trial Court to issue a non-bailable warrant and a proclamation notice. The petitioner was arrested on

23.11.2024, produced before the trial Court, and subsequently remanded to judicial custody.

¶4A petition filed under Section 439 of the Criminal Procedure Code (Cr.P.C.) for bail was rejected by the trial Court on the grounds that the petitioner failed to provide an explanation for his absence from the trial Court for over one year and eight months. The petitioner now undertakes to appear before the trial Court as and when summoned and assures the Court that he will not violate any conditions of bail, if granted. The other accused in the case have been granted bail and are facing trial in a separate charge sheet.

NC: 2024:KHC:53341 CRL.P No. 14214 of 2024

¶5In the light of the above, the petitioner has established a prima facie case to release him on bail. Accordingly, petition is allowed. The petitioner - accused is enlarged on bail in S.C.No.171/2024 for the offences punishable under Sections 399 and 402 of IPC on the file of the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, subject to the following conditions:

(i) Petitioner shall furnish cash surety for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court;

(ii) He shall not threaten witnesses in whatsoever manner;

(iii) He shall not get involved in similar offences;

(iv) He shall not leave the territorial limits without permission of the jurisdictional Court.

Registry is directed to communicate this order to the Trial Court through e-mail.

Sd/- (HEMANT CHANDANGOUDAR) JUDGE

MH/-