IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE THE HON'BLE Dr.JUSTICE H B PRABHAKARA SASTRY CRIMINAL PETITION No.2107/2019 BETWEEN:
1 AROOP SHANKAR DAS S/O. KONKAN MAJOOMDAR AGED 36 YEARS R/O. NO.17, RAMASWAMY REDDY’S BUILDING, KACHANAYAKANAHALLI HENNAGAR GATE JIGANI HOBLI ANEKAL TALUK – 562 106 BENGALURU RURAL PERMANENT RESIDENT OF NO.14, CHANDAPUR PART BORAKOLA PS LIMITS CHANDAPUR TALUK SILVAR DIST.
ASSAM 2 DHEEMAN SHANKAR DAS @ DEEPAK MAJUMDAR AGED 36 YEARS R/O. NO.17, RAMASWAMY REDDY’S BUILDING, KACHANAYAKANAHALLI HENNAGAR GATE JIGANI HOBLI ANEKAL TALUK – 562 106 BENGALURU RURAL (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND:
STATE BY D.J. HALLI POLICE BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...PETITIONERS …RESPONDENT [BY SRI. DIVAKAR MADDUR, HCGP] THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.PC. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR. NO.67/2018 OF DEVARAJEEVANAHALLI POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S. 120B, 201, 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners is present.
2. Submission made by learned counsel for the petitioners as well as perusal of documents, more particularly, certified copy of the order sheet in Criminal Petition No.4308/2018 at page 37 of the petition and certified copy of the order sheet in Criminal Petition No.5524/2018 at page 40 of the petition as well as office note made by the office clearly go to show that present petitioners had earlier filed two criminal petitions in Criminal Petitions No.4304/2018 and 5524/2018 for the same relief in the same crime and both those petitions were dismissed based on the memo for withdrawal filed by the petitioners.
3. It is also seen from the office note that the petitioners have already approached this Court thereafter once again and have filed Criminal Petition No.2116/2019 under section 439 of Criminal Procedure Code, 1973, [hereinafter referred to as ‘Cr.PC’, for brevity] in the same crime for the same relief and the said matter has been admitted on 29.03.2019. Thus, there is already a similar petition filed by the same petitioners pending before this Court and has recorded progress to the next stage in the hearing of the matter. As such, the present petition filed by the very same petitioners for the same relief during the pendency of similar petition in Criminal Petition No.2116/2019 is not maintainable.
4. Learned counsel for the petitioners appearing in this matter today who initially expressed his total ignorance about the present petitioners filing similar petition in Criminal Petition No.2116/2019 under Section 439 of Cr.PC, in the very same Court, subsequently, has made a submission that the said petition is filed by one of the petitioners. He further proceeded to make submission that he has gone through the said file in the last week. Surprisingly, till this Court noticed the pendency of the similar petition filed by the petitioners, based on the office note in order sheet i.e., in Criminal Petition No.2116/2019, learned counsel for the petitioners did not whisper anything about pendency of the similar petition by the petitioners. On the contrary, he pleaded his total ignorance which also proved to be not proved by his subsequent submission. However, the fact remains that the petitioners have not approached this Court with clean hands and that similar petition in Criminal Petition No.2116/2019 is pending before this Court. As such, the present petition not only deserves to be dismissed, but with costs.
5. Accordingly, the present petition stands dismissed with cost of `3,000/- [Rupees Three Thousand Only] payable by the petitioners to the Bengaluru Professionals Benevolent Fund, Bengaluru, petitioners to file compliance memo along with receipt in the registry within a week from today.
Registry is hereby directed to make a note of this order in the proceedings sheet of Criminal Petition No.2116/2019 without any delay, to enable the Court to be made known of the order passed in this matter.
Sd/- JUDGE AN/-