ILYAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is accused No.2 is seeking for being enlarged on bail in connection with his detention in S.C.No.1404/2019 as regards complaint registered under Ss. 143, 147, 148, 109, 120B and 302 read with Sec. 149 of IPC, pending on the file of the XXVI Additional City Civil and Sessions Judge, Mayohall, Bangalore.

(2.) It is the case of the petitioner that his arrest was made on 9/3/2024 pursuant to the non-bailable warrant issued due to his absence in attending the proceedings before the trial Court. It is submitted that petitioner who was accused No.2 was earlier enlarged on bail in Crl.P.No. 4730/2019 by order dtd. 29/8/2019. It is submitted that thereafter, petitioner has complied with the conditions imposed and was participating in the proceedings before the trial Court. However, it is submitted that during Covid-19 pandemic, petitioner was unable to attend the Court regularly and he was once again arrested but the trial Court by order dtd. 12/9/2022 had enlarged the petitioner on bail once again with fresh conditions. It is submitted that thereafter, the petitioner has again committed default in attending the proceedings due to bonafide reasons including relating to the medical ailments of his father, who eventually passed away. It is submitted that the petitioner was then taken into custody once again on 9/3/2024. It is submitted that the bail petition be allowed and the petitioner be put to stringent terms.

(3.) Learned counsel appearing for the State would submit that the petitioner is a chronic defaulter insofar as adherence to the conditions imposed and was released on bail on two occasions once by the High Court and later during trial proceedings when he committed default and was arrested again. The Sessions Court had again enlarged the petitioner on bail and despite such sufficient opportunities being granted, petitioner has been violating the conditions of bail imposed and there is likelihood that petitioner may abscond, if released on bail once again.