IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.4134 OF 2017 BETWEEN:
MR. CHETHAN @ HANDI CHETHAN, AGED ABOUT 22 YEARS, S/O JAGADEESH, R/AT PATTEGARPALYA, VIJAYANAGAR, BENGALURU – 560 040.
…PETITIONER (BY SRI. MOHANKUMARA D, ADVOCATE) AND:
STATE OF KARNATAKA, BY RAMANAGARA RURAL POLICE, REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, BENGALURU- 560 001.
…RESPONDENT (BY SRI. S. VISHWAMURTHY, HCGP) ---
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.148/2016 (C.C.NO.26/2016) OF RAMANAGARA RURAL P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 120(B), 143, 147, 148, 307, 302 R/W 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is charge sheeted in Crime No.148/2016 in respect of the offence punishable under Sections. 120-B, 143, 147, 148, 307, 302 r/w 149 of IPC by the respondent- police.
2. The petitioner is arrayed as accused No.2. His previous bail petition in Criminal Petition No.467/2017 was dismissed as withdrawn on his submission reserving liberty to approach the trail court after recording of the evidence of the vital witnesses/eye witnesses.
3. Leave and liberty as sought by him was granted and petition was dismissed as withdrawn. Now, he is before this court seeking bail on parity with the co- accused who are enlarged on bail. On his own submission, the previous petition was dismissed as withdrawn. Without waiting for the trial and statement of vital witnesses/eye witnesses to be recorded, he has rushed to the court. The second bail petition filed without showing the changed circumstances is not maintainable.
4. Hence, petition is rejected.
Sd/- JUDGE Msu