RANGASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.49/2017 of Vinobhanagar Police Station, Shivamogga, for the offence punishable under Sec. 397 of IPC.

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(3.) The factual matrix of the case of the prosecution is that this petitioner has been arraigned as accused No.2 for the offence punishable under Sec. 394 of IPC at the first instance and during the crime stage, he was enlarged on bail on 20/3/2017. Thereafter, charge-sheet is filed and summons is also issued and the accused did not appear before the Court and non-bailable warrant was issued and the same was not executed. While filing the charge-sheet, the offence under Sec. 395 of IPC is invoked instead of Sec. 394 of IPC. Even after filing of the charge-sheet in the year 2017 itself, the accused did not appear before the Court and warrant was also issued and ultimately on 21/10/2021, he was arrested and now he is in custody.