MR VENKATESH v. STATE OF KARNATAKA BY CHALLAKERE POLICE
Case at a glance
- Bench
- V JAGANNATHAN
Outcome
Allowed
The petition is allowed and the petitioner
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 s. 409
Key paragraphs
- Para 44. Hence, the following order is passed: The petition is allowed and the petitioner be released on bail subject to the following conditions:- i) The petitioner shall furnish personal bond for a sum of Rs.50,000/- with two sureties for the like sum to the satisfaction…
Judgment
(BY SRI: C R RAGHAVENDRA REDDY, ADVOCATE) AND STATE OF KARNATAKA BY CHALLAKERE POLICE. ...RESPONDENT (BY SRI: G M SRINIVASA REDDY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.5/2001 AND C.C.NO.434/2002 PENDING ON THE FILE OF THE CIVIL JUDGE (JR. DN.) AND JMFC, CHALLAKERE, FOR THE OFFENCE PUNISHABLE UNDER SECTION 409 OF THE IPC. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: 2
O R D E R The petitioner seeks bail following a case being registered against him in Crime No.5/2001 for the offence punishable under Section 409 of IPC and submission made by the petitioner's counsel is that apart from being aged 58 years, the petitioner is suffering from epilepsy and more over, he has also made good half of the amount which is sought to have been misused by him while he was working as Child Welfare Officer.
Learned HCGP, on the other hand, submits that the trial Court rejected the bail because the petitioner remained absent before the trial Court.
Having thus heard both sides and taking into account the age of the petitioner and the disease from which he is suffering from and the alleged offence being one under Section 409 of 3 the IPC, the petitioner can be granted bail on conditions.
Operative part
Hence, the following order is passed: The petition is allowed and the petitioner be released on bail subject to the following conditions:- i) The petitioner shall furnish personal bond for a sum of Rs.50,000/- with two sureties for the like sum to the satisfaction of the trial Court; ii) He shall not tamper with the evidence in any manner. iii) He shall appear before the trial Court on all dates of hearing and shall not give room for the trial getting further delayed on account of his non-co-operation. 4 iv) If the petitioner fails to appear before the trial Court regularly, the bail now granted will be cancelled, at the instance of the prosecution. Sd/- JUDGE KM
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is allowed and the petitioner
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — s. 409.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.