IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION NO.21 OF 2019 BETWEEN:
1. BABURAM MURMU, S/O. BHARATH MURMU, AGED ABOUT 30 YEARS, R/AT KUKRODA KEDVADI VILLAGE, GWALIN POST, GOHALPURA TAANA, UTTARADINACHPURA DISTRICT, PASHIMA BANGALA STATE.
2. SAHEB MURMU, S/O. LATE HARIMURMU, AGED ABOUT 29 YEARS, R/AT MYNAGUDI VILLAGE, HADIGIRI POST, KODIBADI TAANA, DARJEELING DISTRICT, PASHIMA BANGALA STATE, WEST BENGAL-734 101. ... PETITIONERS [BY SRI. JEETHU R.S., ADVOCATE] AND:
STATE OF KARNATAKA, BY THALAGHATTAPURA POLICE, REP. BY HCGP AT HIGH COURT OF KARNATAKA AT BENGALURU-560 001. ... RESPONDENT [BY SRI. DIVAKAR MADDUR, HCGP] * * * THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W SECTION 401 OF CR.P.C. PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CR. NO.18/2017 FOR THE OFFENCE PUNISHABLE U/S. 302, 120-B R/W SEC. 34 OF IPC, ON THE FILE OF THE RESPONDENT POLICE, WHICH IS NOW PENDING IN S.C. NO. 192/2017, ON THE FILE OF THE VIII ADDITIONAL DISTRICT AND SESSIONS COURT, BENGALURU RURAL, BENGALURU.
THIS CRIMINAL REVISION PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER This revision petition is filed under Sections 397 r/w. Section 401 of Cr.P.C. with a prayer to release the petitioners on bail in Crime No.18/2017 of Talagattapura Police Station registered for the offences punishable under Sections 302, 120-B r/w. 34 of IPC., which is now pending on the file of VIII Additional District and Sessions Court, Bengaluru Rural District in S.C. No.192/2017.
2. The office has raised objections regarding maintainability of this revision petition.
3. The petitioners are accused Nos.1 and 2, who are facing trial in S.C. No.192/2017 for the offences punishable under Sections 302, 120-B r/w. 34 of IPC. The material on record supplied by the petitioners would also show that the charges were read out and accused Nos.1 to 3 have pleaded not guilty for the aforesaid charges. It is seen that after framing of the charges for the aforesaid offences against accused Nos.1 to 3, the trial has commenced. The petitioners have not filed any application seeking bail under Section 439 of Cr.P.C. Be that as it may, the present revision petition seeking to enlarge the petitioners on bail filed under Section 397 r/w. 401 of Cr.P.C. is not maintainable. Accordingly, I pass the following:
ORDER The revision petition is dismissed as not maintainable.
Sd/-
JUDGE Ksm*