RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are arraigned as accused No.1 and 2 have filed this petition under Sec. 439 of Code of Criminal Procedure (for short, 'the Cr.P.C .') seeking bail for the offences punishable under Sec. 324 , 341 , 307 , 504 , 506 r/w Sec. 34 of I.P.C. and Sec. 25(1)(a) of the Arms Act, contending that they are innocent of the offences alleged. Earlier they were released on bail by the Sessions Court in Crl.Misc.No.8180/2021. After charge sheet was filed, summons were issued to them. Since they failed to appear in response to the summons, NBW was issued. Since the petitioners were out of station for coolie work, they could not appear before the Court. The complainant-police have arrested them on 24/12/2022. After the committal when they filed bail application, it came to be rejected on the ground that they were absconding. Petitioners are permanent residents of Gokak having immovable properties. They undertook to abide by any conditions that may be imposed and prays to allow the petition.

(2.) Learned High Court Government Pleader submitted oral objections contending that at the crime stage, petitioners were granted bail. However after charge sheet was filed, they failed to appear before the committal Court. Their presence was secured through NBW warrant and they have been committed to the Court of Sessions to face the trial. If released on bail, once again petitioners may abscond and thereby protract the proceedings and prays to reject the petition.

(3.) Heard arguments and perused the record.