Naga at Kothi Naga, Son of Basava Linge GowdA. Vs. K.R.S. Police Station - Court Judgment

Excerpt:
[k.n.keshavanarayana, j.] this criminal petition is filed under section 439 cr.p.c. by the advocate for the petitioner praying to release the petitioner on bail in crime no. 114/2009 of krs police station, mandya, for the offences punishable under sections 143 and 302 read with section 149 of ipc.1) petitioner, who has been arraigned as accused no. 14 in s.c. no. 138/2008 before fast track court-i. mandya, is facing trial for the offences punishable under sections 143, 302 r/w. 149 ipc.2) the petitioner was apprehended during investigation of the case and later he was ordered to be released on bail by this court in criminal petition no.6309/2009 subject to conditions. after committal of the case to the court of sessions on 03.03.2010. he remained absent before the court, therefore, non-bailable warrant was ordered for his arrest. however, on 22.03 2010. the petitioner voluntarily appeared before the trial court. therefore, he was taken to custody and remanded to judicial custody. thereafter, he filed application under section 439 of cr.p.c. for grant of bail, but the same came to be dismissed. therefore, the petitioner is before this court.3) the petition is opposed by the respondent-state mainly on the ground that this petitioner is not a law-abiding citizen and he has misused the discretion exercised in his favour by remaining absent before the trial court on several dates and while on bail, he seems to have involved in another murder case registered in crime no. no. 145/2011 of krs police station, therefore, the petitioner is not entitled for the relief of bail.4) i have heard the learned counsel appearing on both sides and perused the records made available.5) with regard to the allegation that this petitioner is involved in crime no. 145/2010 of krs police station, learned counsel for the petitioner by producing the copies of the charge sheet papers concerning crime no. 145/2010 contended that the petitioner is not arraigned as an accused in the said case and in spite of the same, the learned trial judge has erroneously observed that the petitioner is involved in crime no. 145/2010. on perusal of copies of charge sheet. papers concerning crime no. 145/2010 of krs police station, i find considerable force in this contention. from these materials, it is clear that this petitioner has not been arraigned as an accused in that said case.6) no doubt, as noticed by the learned sessions judge on 03.03.2010, since this petitioner remained absent, nbw was issued against him. however, even as per the learned sessions judge, on the next date of hearing namely, 23.03.2010, the petitioner voluntarily appeared before the trial court. however, merely on the ground of the absence of the petitioner on the previous date and on the ground that nbw had been issued against him, his subsequent prayer for bail could not have been rejected by the learned sessions judge.7) having regard to the facts and circumstances of the case, in my considered opinion, it is just and proper to grant bail to this petitioner subject to conditions.8) in the result, the petition is allowed. the petitioner is ordered to be enlarged on bail in s.c. no. 138/2008 on his executing personal bond for a sum of 50,000/- (rupees fifty thousand only) with two sureties for the like-sum to the satisfaction of the learned sessions judge and subject to further conditions that,i) he shall not tamper or terrorise the prosecution witnesses in any manner;ii) he shall appear before the court on all the dates of hearing without fall;