Accused No.15 in S.C.No.1/2015 pending on the file of VI

Addl. District and Sessions Judge, D.K, Mangaluru arising out of

Crime No.5/2018 registered by Barke Police Station, D.K,

Mangaluru District for the offences punishable under Sections

120B, 143, 147, 148, 504, 323, 324, 353, 332, 427, 307 R/w

149 of IPC is before this Court under Section 439 of Cr.P.C,.

2.

Heard the learned counsel appearing for the parties.

3.

On the basis of complaint lodged by Chief

Superintendent of District Prison, D.K, Mangaluru dated

08.01.2018, FIR in Crime No.5/2018 was registered by Barke

Police Station for the aforesaid offences against 40 under trial

prisoners. Investigation in the case was completed and charge

sheet was filed against 40 accused persons. The petitioner

herein was arrayed as accused No.15 in the charge sheet. The

petitioner's bail application filed before the court of VI Addl.

District and Sessions Judge, D.K, Mangaluru in S.C.No.1/2021

was rejected on 07.07.2023. Therefore, he is before this Court.

4.

Learned counsel for the petitioner submits that the

petitioner was granted regular bail at the crime stage in

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Crl.Misc.No.529/2015 on 25.05.2018. The charge sheet was

subsequently filed and case was committed to Sessions Court

and thereafter summons was issued. Since the petitioner had

not appeared before that Court, NBW was issued against the

petitioner and his presence was secured and he was remanded

to judicial custody.

5.

Learned HCGP has opposed the bail application and

submits that in spite of the summons being served on the

petitioner, he had not appeared before the Trial Court and

therefore, the presence of the petitioner had to be secured by

issuing NBW.

6.

The material on record would go to show that in the

present case, the petitioner was granted regular bail by the

Court of III Addl. District & Sessions Judge, D.K, Mangaluru in

Crl.Misc.No.529/2018 on 25.05.2018 even before the charge

sheet was filed in the case. After filing of charge sheet, the

petitioner was arrayed as accused No.15 in the charge sheet. It

is the case of the prosecution that though summons was served

on the petitioner, he did not appeared before the Trial Court

and therefore, NBW was issued against him and his presence

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was secured. The petitioner was produced before the Trial

Court on 14.03.2023 and on the said date, he was remanded to

judicial custody. For the reason that the petitioner has not been

appeared before the Trial Court in spite of he being served with

summons, he was remanded to judicial custody. For the

mistake committed by the petitioner, he has been sufficiently

punished. The facts remain that the Sessions Court had earlier

granted

regular

bail

to

the

petitioner.

Under

these

circumstances, I am of the view that the prayer made by the

petitioner for grant of regular bail is required to be answered

affirmatively.

7.

In view of the above, the petition is allowed. The

petitioner/accused No.15 is directed to be enlarged on bail in

S.C.No.1/2015 pending on the file of VI Addl. District and

Sessions Judge, D.K, Mangaluru arising out of Crime No.5/2018

registered by Barke Police Station, D.K, Mangaluru District for

the offence punishable under Sections 120B, 143, 147, 148,

504, 323, 324, 353, 332, 427, 307 R/w 149 of IPC, subject to

the following conditions:

a)

The

petitioner

shall

execute

personal bond for a sum of Rs.1,00,000/-

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(Rupees One lakhs only) with one surety for

the likesum, to the satisfaction of the

jurisdictional Court;

b)

The

petitioner

shall

appear

regularly on all the dates of hearing before

the Trial Court unless the Trial Court

exempts his appearance for valid reasons;

c)

The petitioner shall not directly or

indirectly threaten or tamper with the

prosecution witnesses;

d)

The petitioner shall not leave the

jurisdiction

of

the

Trial

Court

without

permission of the said Court until the case

registered against him is disposed off.

SD/-

JUDGE

NMS