IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.4979 OF 2017 BETWEEN:
Abujahar Ali @ Abujar, S/o Bagur Husen, Aged about 27 years, Resident of Irani Colony, Jannath Nagara, Near Toll Naaka, Dharawad-580001. …Petitioner ( By Shri. Chandrahasa Raj B. Adv.) AND:
State of Karnataka, Represented by NEPS, Tumakuru-01.
Rep. by: SPP, High Court of Karnataka, Bangalore-560 001. .. Respondent (By Shri. K. Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Crime No.139/2013 (C.C.No.43/2016) of New extention P.S., Tumkuru District for the offence P/U/S 392, 413 of IPC.
This petition coming on for orders this day, the court made the following;
ORDER This petition is filed by accused No.1 under Section 439 of the Cr.P.C., seeking his release on bail of the alleged offences punishable under Sections. 392 and 413 of the IPC registered by the respondent – police in Crime No.139/2013 and now pending in C.C.No.43/2016 on the file of the Addl. Civil Judge(Sr.Dn) and CJM Court at Tumakuru.
2. Heard the arguments of the learned counsel for the petitioner and also the learned H.C.G.P., for the respondent-State.
3. Learned counsel for the petitioner submits that accused Nos.2 and 3 have already been granted bail by the order of this court. He submitted that now investigation is completed and charge sheet is filed and by imposing reasonable conditions, he may be admitted to regular bail.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed before the court, so also the orders of the court below rejecting the bail application and also the order of this court granting bail to other accused persons.
5. Learned H.C.G.P, submitted that accused is a habitual offender and is involved in 40 criminal cases having criminal antecedents, to which, learned counsel for the petitioner submitted that the accused has been acquitted in almost all cases and now only 11 cases are pending against him.
6. Looking to the materials on record and submission of the learned counsel on both sides, I am of the opinion that it is not a fit case to release the petitioner on bail.
7. Accordingly, the petition is rejected. However, as the matter is of the year 2013, the concerned court is directed to take up the matter on priority basis and dispose of the main case itself as early as possible, but not later than six months from the date of receipt of a copy of this order. Intimate the same to the concerned court.
Msu Sd/- JUDGE