IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.5259/2019 BETWEEN:
1. ASHOKA BHOVI, S/O THIMMA BHOVI, AGED ABOUT 31 YEARS.
2. MURUGESHA, S/O SHIVALINGAPPA, AGED ABOUT 30 YEARS.
BOTH ARE RESIDENTS OF NAGENAHALLI, AMRUTHAPURA POST, TARIKERE TALUK CHIKMAGALURU DISTRICT – 577 501.
AND:
... PETITIONERS (BY SRI GNANESHA N.I., ADVOCATE) STATE OF KARNATAKA, THROUGH BIRUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
(BY SRI HONNAPPA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.32/2018 (C.C.NO.1023/2019) OF BIRUR POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S. 392 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners. Perused the records.
2. The allegations made against the petitioners are that on 26.3.2018 when the complainant by name Smt. Mangalamma was near her house, two persons came in a motorcycle; one person was keeping the motorcycle on, and another person came to this lady under the guise of asking for address. When she was talking with him, the other person immediately snatched the mangalya chain of this lady and went away on the motorcycle with another person. It appears that after a year the accused were nabbed by the police and an identification parade was conducted in the jail and the victim lady has identified the accused persons and the mangalya chain.
3. Looking to the above said facts and circumstances and the argument of the learned High Court Government Pleader that there are totally three cases pending against the accused for similar offence, it appears that the petitioners are habitual offenders and even if they are released on bail, there are every chances of they committing similar offences, as it is evident from the record itself. Therefore, under the above said circumstances, though the offence is not punishable either with death or imprisonment for life, but the societal impact of the offence committed by the accused is very serious. In the above said circumstances, I do not find any strong reasons to release the petitioners on bail. However, as the accused have been in custody since long, the Trial Court is hereby directed to expedite the trial itself and dispose of the main matter as expeditiously as possible within six months from the date of receipt of a copy of this order.
Sd/- JUDGE MD