Accused No.3 in S.C.No.47/2023, pending before the

Court of III Addl. District and Sessions Judge, Ramanagara,

arising out of Cr.No.363/2010, registered by Tavarakere police

station, Bengaluru South Taluk for the offences punishable

under sections 302, 394 r/w 34 IPC is before this Court under

section 439 Cr.P.C.

2.

Heard the learned counsel for the parties.

3.

On

the

basis

of

the

complaint

by

Sri. Chandrashekar, S/o. C. Nagaraju, on 08.08.2020, FIR in

Crime No.363/2010 was registered by Tavarakere police,

Bengaluru South Taluk against unknown persons for the

offence punishable under section 302 IPC. During the course of

investigation of the said case, the petitioner was arrested and

after completion of investigation, charge sheet was filed as

against four persons for the aforesaid offences and the

- 3 -

petitioner was arrayed as accused No.3 in the charge sheet. In

the said case, the petitioner was granted regular bail by the

Presiding

Officer,

Fast

Track

Court,

Ramanagara

in

Crl.Misc.No.813/2010, which was disposed of on 21.01.2011.

Before the committal court, since the petitioner had not

appeared, case against him was split up and as against other

accused, the same was committed to the jurisdictional Sessions

Court and was numbered as S.C.No.124/2012 before the Court

of III Addl. District and Sessions Judge, Ramanagara. The

Committal court had issued NBW and proclamation order

against the petitioner herein and his presence was secured on

16.02.2023 and the split up case against him was committed to

the Sessions Court on 02.03.2023 and is numbered as

S.C.No.47/2023. His bail application filed before the Court of III

Addl.

District

and

Sessions

Judge,

Ramanagara

in

Crl.Misc.No.666/2023 was rejected on 31.08.2023. Therefore,

he is before this Court.

4.

Learned counsel for the petitioner submits that on

merits of the matter, the petitioner was already granted regular

bail. Only on the ground that he had not appeared before the

committal court, the committal court had issued NBW against

- 4 -

him and his presence was secured. The split up case as against

other accused is also pending consideration before the

jurisdictional Sessions Judge. The petitioner who is arrested is

now in custody from 16.02.2023 onwards. Except the present

case, he has no other criminal case. Accordingly, he has prayed

to allow the petition.

5.

Per-contra,

learned

HCGP

opposed

the

bail

application and she submits that the petitioner has not

appeared before the Court for a period of eleven years and

therefore, prays to dismiss the petition.

6. The material on record would go to show that the

charge sheet in the present case is filed as against four persons

and initially, FIR was registered against unknown persons. The

main case in S.C.No.124/2012 is said to be still pending before

the

jurisdictional

Sessions

Court

at

Ramanagara.

The

petitioner's case is also now committed to the Sessions Court

and numbered as S.C.No.47/2023. Undisputedly, the petitioner

was granted regular bail on merits of the case earlier. For the

reason that he had not appeared before the committal court,

steps were taken to secure his presence and on 16.02.2023, he

- 5 -

was produced before the Court and remanded to judicial

custody. For the mistake of not appearing regularly before the

Court, committed by the petitioner, he has already been

sufficiently punished. The other accused persons are said to be

enlarged on bail in the main case. Under the circumstances, I

am of the view that the petitioner's prayer for grant of regular

bail is required to be answered in the affirmative. Accordingly,

the following:

ORDER

The petition is allowed. The petitioner is directed to be

enlarged on bail in S.C.No.47/2023 pending on the file of

learned III Addl. District & Sessions Judge, Ramanagara in

Crime No.363/2010 of Tavarakere Police Station registered for

the offences punishable under Sections 302, 394 r/w 34 of IPC,

subject to the following conditio