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2023 DIGILAW 498 (KAR)

Rangadhamaiah v. State of Karnataka

2023-03-24

V SRISHANANDA

body2023
JUDGMENT/ORDER V Srishananda, J. - The present petition is filed under Section 439 of Cr.PC., with the following prayer: 'Wherefore, the petitioner humbly prays that this Hon'ble Court may be pleased to enlarge him on bail in Cr.No.196/2022 of Kora Police Station, Tumakuru for an offence under Section 229 (A) of IPC, pending on the file of II ACJ & JMFC at Tumakuru, in the interest of justice.' 2. After hearing for some time, a Memo came to be filed. Memo is placed on record, which reads as under: 'The petitioner hereby under taking to deposit the bond amount of Rs.25,000/- in five instalments. First instalment Rs.5000/- 31.03.2023 Second instalment Rs.5000/- 10.04.2023 Third instalment Rs.5000/- 20.05.2023 Fourth instalment Rs.5000/- 01.06.2023 Fifth instalment Rs.5000/- 28.06.2023 The petitioner granted bail by the learned Magistrate in Cr.No.175/2018 (C.C.No.810/ 2019) vide order dated 17.01.2019.' 3. The accused-petitioner having jumped the bail in CC No.810/2019, and remained absent for a period of more than one year three months, the police have registered a fresh case under Section 227A IPC against the petitioner. Per se, the offence alleged against the petitioner is simple in nature. Inasmuch as if it is proved, he would be liable for punishment for a period of one year imprisonment. Taking note of these aspects of the matter and also having regard to the fact that the petitioner is ready to pay the bond amount in a sum of Rs.5,000/- in equal five instalments, this court is of the considered opinion that the bail request of the petitioner can be allowed by directing him to pay the bond amount in a sum of Rs.25,000/- which was a condition imposed to the petitioner while admitting bail on earlier occasion. 4. Further, the apprehension of the prosecution can be met with by imposing suitable and stringent conditions. Accordingly, this court passes the following: ORDER The Bail Petition is allowed subject to the following conditions: (1) The petitioner shall pay the bond amount in a sum of Rs.25,000/- in five equal instalment within a period of three months from today. (2) The release order of the petitioner shall be issued only after payment of the first instalment. (3) The petitioner shall execute a fresh bond in a sum of Rs.25,000/- with one surety for the likesum to the satisfaction of the Trial Court. (4) The petitioner shall attend the court regularly. (2) The release order of the petitioner shall be issued only after payment of the first instalment. (3) The petitioner shall execute a fresh bond in a sum of Rs.25,000/- with one surety for the likesum to the satisfaction of the Trial Court. (4) The petitioner shall attend the court regularly. (5) The petitioner shall not leave the jurisdiction of Tumakuru District without prior permission. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly.