Karnataka High Court
CRL.P/8083/2014 of ROHIT KUMAR @ ROHIT Vs STATE OF KARNATAKA on 30 December 2014
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF DECEMBER 2014 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.8083/2014 BETWEEN: Rohit Kumar @ Rohit S/o Shylendra Kumar Aged about 30 years R/o No.45, 6th Cross III rd Block, Tyagarajnagar Bangalore-560 028
IN THB HIGH COURT OF KARNATAKA AT BENGALURU
DATEKED THIS THE [th]DAY OF DECEMBER 2014
BEFORE|
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION No.8083/2014
BHITWER°
Rohit Kumar @ Rohit.»/o Shylendra KumarAged about 30 years|R/o No.49, 6[th]Cross |III rd Block, TyagarajnagarBangalore-560 028
(By Sri.Bharath Kumar V, Adv.)ANI°State of KarnatakaThroughChikkKaballapura Rural Police Station Represented by:The State Public ProsecutorHon’ble High Court of Karnataka ©Bangalore-5S60001... RESPONDENT
...PETITIONER
(By Sri.B.Visweswaraiah, HCGP)
This Crl.P. is filed under Section 439 of Cr.P.C.praying to enlarge the petitioners on bail in Crime No.214/14|oT ChickaballapuraRuralP.D,Chickaballapura, for the offences p/u/s 399 and 402.r/w 34 of IPC.
This Crl.P. coming on for orders this day, theCourt made the following:-
ORDER
This petition is filed under Section 439 of Cr.P.C.
The petitioner is charge sheeted for the offencepunishable under Sections 399 and 402 r/w 34 of IPC.along with the co-accused. He was granted bail by thisCourt in Criminal Petition No.3433/2014 vide orderdated 20/06/2014 subject to conditions among otherconditions he was directed to appear before theconcerned Court regularly. Since he remained absent onthe hearing date, the exemption application filed by himcame to be rejected by the learned Magistrate and hewas arrested on 17/09/2014. His application filedunder Section 439 of IPC is rejected by the SessionCourt.
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2 |The learned counsel for the _ petitionesubmits that, under the bonafide belief that he would beeranted exemption, he had gone on prelimigrage toTirupathi. He never intended to violate the conditionsimposed in the bail order. He is ready and willing tocomply any condition that may be imposed on him. Heis employed as a Manager in a Hotel at Bangalore and apermanent resident of cause title address. Under thesecircumstances, he may be enlarged on bail.|
3. |For a moment, I take note of the fact that,the petitioner though remained absent on hearing datehad filed exception Petition which came to be dismissed.There is no material to infer that petitioner intentionallyabsented himself from the Court on the hearing dateand violated any condition imposed by the Court whileeranting bail. |
4Accordingly, the petition is allowed.
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