SRI MURALI Vs. STATE BY KODIHALLI POLICE

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.10 under section 439 of Cr.P.C., 1973 to release him on bail for the offences punishable under Sections 143, 147, 148, 324, 448, 427, 354, 504, 506 and 395 r/w 149 of IPC and under Section 3(x)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No.144/2013 (Spl.C.C.No.08/2014) of Kodihalli Police Station.

(2.) I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State. This Court by order dated 31.07.2018 directed the learned HCGP to notify the complainant. He remained absent.

(3.) It is the submission of the learned counsel for the petitioner that earlier the accused/petitioner has been released on bail by the trial Court and when the trial was fixed he remained absent and the trial Court has issued NBW as against the accused/petitioner for having failed to appear before the Court. He further submitted that the accused/petitioner has deliberately remained absent, as he has got old age parents and as he was working in a private company he could get the leave and he was also aware of the hearing date to appear before the Court, hence he remained absent. He further submitted that the application came to be filed under section 70(2) of Cr.P.C., 1973 to recall the warrant, but the Court below without considering the application has taken the accused into the custody without recalling the warrant and even thereafter, without considering the grounds the bail application was also came to be rejected. He further submitted that he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition.