MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. praying to enlarge the petitioner/accused No.3 on bail in split up C.C.No.90/2014, pending before the Principal Civil Judge and JMFC, Magadi, Ramangar District.

(2.) Crime No.24/2011 of Magadi Police Station was registered for an offence punishable under Sec. 384 of IPC on a complaint lodged by one Sri.D.B.Hanumanthappa. In the course of investigation, the accused were arrested and charge sheet was filed against accused Nos.1 to 6 for the offence punishable under Sec. 395 of IPC.

(3.) The Learned counsel for the petitioner has submitted that the petitioner was initially granted bail, but since he has absconded, a split-up charge sheet was filed. He submits that non-bailable warrant came to be issued and after issuance of proclamation and attachment, the petitioner was secured on 30/1/2023 and he is now remanded to judicial custody. He further submits that other accused persons, who have faced trial in S.C.No.39/2014 have been acquitted vide judgment dtd. 2/1/2018. It is his submission that non-appearance of the petitioner before the trial Court is unintentional as he did not receive any summons or warrants issued against him and therefore submits that since the other accused are acquitted, the petitioner may be granted bail by imposing any conditions.