BABU JAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent- State and perused the material on record.

(2.) Petitioners are arraigned as accused Nos.5 and 8 respectively in Cr.No.549/2013 of Madivala Police station, registered for offence punishable under Ss.

(3.) , 4 , 5 and 7 of Immoral Traffic Prevention Act, 1956. They were enlarged on bail by the FTC-III, Mayo Hall Unit, Bengaluru, by an order dtd. 27/7/2013. After filing of chargesheet in CC No.14017/2016, due to continuous absence of the petitioners, a split up charge sheet was filed in CC No.28180/2018. In spite of issuance of NBW, the petitioners were not secured and therefore, the learned Magistrate issued proclamation and attachment warrant. Petition filed under Sec. 438 of Cr.P.C. by them has been dismissed by the learned Sessions Judge vide order dtd. 6/5/2023. It is observed that the petitioners are well aware of the case pending against them and since 2016, they never attempted to appear before the trial Court. Therefore, if they are released on bail they may again abscond. 3. The learned counsel for petitioners submitted that the petitioners were not aware of the pendency of the case and their non-appearance before the trial Court was unintentional. He submits that the petitioners are innocent and are falsely implicated. He has furnished a copy of the orders passed by the learned Sessions Judge discharging accused Nos.3, 4, 6, 7 and 9 from the case. The said accused are discharged by the learned Sessions Judge in SC No.41/2019 vide order dtd. 30/11/2019.