IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8681/2017 BETWEEN:
DILIP @ PATTABHI S/O RAVI R/A NO.7TH MAIN, 8TH CROSS, KAVITHA LAYOUT, MYSORE ROAD, RPC LAYOUT, BANGALORE-560002.
...PETITIONER (BY SRI.DILRAJ JUDE ROHIT SEQUEIRA, ADV.) AND:
THE STATE BY THE CHAMARAJPET POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560001.
...RESPONDENT (BY SRI.K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.334/2015 (S.C.NO.541/2016) OF CHAMARAJPET POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S 120(B),143,144,148,341,114,302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 120B, 143, 144, 148, 341, 114, 302 read with 149 of IPC registered in respondent – police station Crime No.334/2015.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioner during the course of his arguments has submitted that this is the second bail application filed by the petitioner. He drew the attention of this Court to the order dated 1.03.2017 passed by this Court in Crl.P.8348/2016 and submitted that though it is held that there is a prima-facie material, but in paragraph No.7 of the said order this Court has however, reserved liberty to the petitioner to renew the prayer for grant of bail after examination of the material witnesses. Hence, submitted that now the material witnesses have been examined and none of them have supported the case of the prosecution. He has also submitted that petitioner as well as accused No.2 are in custody, there is nobody to take care of their sister, hence, by imposing reasonable conditions, petitioner may be enlarged on bail.
4. Per contra, learned High Court Government Pleader, during the course of his arguments has submitted that the trial is going on, many witnesses have already been examined, few more witnesses will have to be examined in the case. Therefore, a direction can be issued to the concerned Sessions Judge to dispose of the matter within a time frame.
5. I have perused the grounds urged in the bail petition, FIR, complaint, and other materials placed on record.
6. Perusing the order passed by this Court dated 01.03.2017 passed in Crl.P.8348/2016, at paragraph No.4 this Court is of the opinion that perusing the charge sheet material, there is a prima- facie material as against the petitioner and that was the ground for rejection of earlier bail petition.
7. Now the contention of the learned counsel for the petitioner that the material witnesses have been examined and they have turned hostile, but in my opinion, simply because of some of the witnesses have been examined and they turned hostile, it is not the end of the matter, unless and until all the witnesses in the case, like the Doctor, I.O., recovery panchas, were examined, the learned Sessions Judge will not be in a better position to come to any conclusion, it is only after the examination of all the witnesses in the case the learned Sessions Judge can come to a definite conclusion whether the petitioner herein has committed the alleged offence or not. Therefore, in my opinion it is not proper to allow the petition and grant bail to the petitioner herein. Hence, petition is hereby rejected.
However, as the petitioner is in custody from the date of his arrest and in view of the submission made by the learned HCGP, the concerned Sessions Judge is hereby directed to take up the matter on priority basis and to dispose of the main case as early as possible, but not later than six months from the date of receipt of copy of this Order.
Registry is directed to intimate the concerned Court accordingly.
Sd/- JUDGE BSR