IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3017/2019 BETWEEN:
MR.CHAN MANI @ CHAN S/O BASAVANNA AGED ABOUT 23 YEARS R/AT No.19/1, ACHANA BUILDING NEAR YELLAMMA EASWARA TEMPLE 5TH CROSS, 4TH MAIN MATHIKERE YESHWANTHPUR BENGALURU-560022. ...PETITIONER (BY SMT SHASHIKALA.K., ADV.) AND:
STATE BY JALAHALLI POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT PREMISES BANGALORE-560001. …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.122/2016 [S.C.NO.507/2017] OF JALAHALLI P.S., BANGALORE FOR THE OFFENCE P/U/S 302, 201 R/W 34 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the entire charge sheet papers.
2. The brief factual matrix of the case are that on 19.12.2016 at about 10.00 p.m. when CW-9 by name Sowmya was coming on the BEL Road. At that time, the deceased Quadar Vali incited her for sexual activity. Accordingly, she agreed for the same and they were actually enjoying sex with each other in the railway station underneath the staircase. At that time, it is alleged that the petitioner and another accused came to that particular spot and assaulted the deceased with knife and particularly it is alleged that accused No.2-the petitioner has assaulted on the chest of the deceased with knife which resulted in the death of deceased Quadar Vali. The post mortem report also supports the death of deceased as a homicidal one. The statement of the said lady Sowmya was recorded under Section 164(5) of Cr.P.C wherein she has categorically stated as to what exactly happened on that particular day and she stated that the accused Nos.1 and 2 have actually assaulted the deceased with knife and she was also present at that particular point of time at a distance and she has actually seen the incident. She has identified the accused persons as the same persons who have committed the offence. There is recovery at the instance of the accused persons with regard to knife.
3. Under the above said circumstances, there is strong prima facie material available against the petitioner so far as the eye witness is concerned. Therefore, the petitioner is not entitled to be enlarged on bail.
Hence, the petition deserves to be dismissed and accordingly dismissed.
However, learned counsel for the petitioner submitted that the petitioner has been in judicial custody for more than 2½ years. Looking to the longevity of the incarceration, the Trial Court is hereby directed to expedite the trial and dispose of the case itself on merits as expeditiously as possible.
Dvr:
Sd/- JUDGE