IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2325 OF 2019 BETWEEN:
Chiranjeevi M.D. @ Pradeepa, S/o Dharmapala Gowda, Aged 23 years, R/o House No.42, 2nd Floor, 5th Cross, Vajarahalli, Kanakapura Main Road, Bengaluru UTP.No.361/13, Bengaluru-560 076. ... Petitioner (By Sri.Yogesh G., Advocate for Sri.M.Krishne Gowda, Advocate) AND:
State of Karnataka by Police Sub Inspector, Rural Police Station, Shivamogga-577201.
(Represented by Learned State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001). ...Respondent (By Sri. Rohith B.J.,HCGP.) This criminal petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.351/2011 (S.C.No.152/2018) of Shivamogga Rural P.S., Shivamogga for the offences punishable under Sections 397 and 471 of CPC.
This criminal petition, coming on for orders, this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The allegation against the petitioner who is arraigned as accused No.4 in S.C.No.152/2018 on the file of the Principal Sessions Judge, Shivamogga is that, on 04.11.2011 accused Nos. 1 to 10 have formed into an unlawful assembly for the purpose of committing dacoity and they have taken car to go to a trip, i.e, Innova car bearing registration No.KA-04/MF-1777. When the car reached near Tumkur Tollgate, the accused persons assaulted the driver with a chopper and taken over the said vehicle and further, on 10.11.2011 at 9.45 p.m. near Harige village, the accused persons went to a particular place with longs and choppers and assaulted CWs. 1 and 2 and robbed one Nokia mobile and also a gold chain which was on the body of CW2, etc.
3. On the basis of the above-said allegations, after thorough investigation, charge-sheet has been filed in the year 2013. The petitioner was not available and he was absconding. He was also arrested in connection with some other case as submitted by the learned HCGP and in the year 2018 the presence of this petitioner was secured by the trial court by issuing body warrant and thereafter, it appears, the case has been committed to the Court of Sessions. It is also observed by the learned Sessions Judge that the accused petitioner is also involved in another case registered for the offence punishable under Section 302 of IPC. The accused appears to be in jail in the said case also.
4. Under the above-said facts and circumstances, it is not a fit case to enlarge the petitioner on bail at this stage when the case is pending before the Sessions Court after committal of the case. Therefore, the petition is dismissed with a direction to the trial court i.e., the Principal Sessions Judge, Shivamogga to expedite the trial itself and dispose of the case in S.C.No.152/2018 as expeditiously as possible.
Sd/- JUDGE Cm/-