IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1448/2019 BETWEEN:
1. Smt. Eramma W/o Yuvaraja @ Yallappa, D/o Late Srinivas, Aged about 27 years, 2. Sri Maresh S/o Late Srinivas, Aged about 22 years, 3. Sri Peddanna @ Venkatesh S/o Ramana Bhovi, Aged about 60 years, 4. Smt. Chinna Yellamma W/o Late Srinivas, Aged about 50 years, 5. Smt. Chinnakka W/o Peddanna @ Venkatesh, Aged about 54 years, 6. Sri Obalesh S/o Peddanna @ Venkatesh, Aged about 28 years, All are residing at:
Vaddarapalya Village, Sugatur Hobli, Kolar Taluk & District-563 102. ...Petitioners (By Sri M.S. Shyam Sundar, Advocate) AND:
The State of Karnataka by Kolar Police Station, Rept. by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri H.S.Chandramouli, SPP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.391/2018 registered by Kolar Rural Police Station, Kolar for the offence punishable under Sections 143, 147, 148, 302, 323 and 120(B) read with Section 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioners and the learned Special Public Prosecutor for the respondent- State.
2. During the course of hearing, learned Special Public Prosecutor submitted that the present petition has been filed directly before this Court under Section 439 of Cr.P.C., without availing the remedy before the District Court, Kolar. Already, charge sheet has been filed and after availing the remedy, the petitioners can approach this Court under Section 439 of Cr.P.C.
3. It is the submission of learned counsel for the petitioners that the petitioners have approached the learned Principal District and Sessions Judge, Kolar in Crl.Mis.No.547/2018 under Section 438 of Cr.P.C and while ordering the same, the entire case was heard and decided on merits. When the petitioners tried to approach the learned District Judge, it is stated that the learned Judge has already expressed his opinion on merits. In that light, the present petition has been filed.
4. I feel, if the petitioners-accused Nos. 1 to 6 are directed to approach the trial Court by availing the remedy under Section 439 of Cr.P.C. and in any event, if the order is passed against them, they may approach this Court. At this stage, it is not appropriate for this Court to entertain the case of the petitioners without exhausting the remedy before the lower Court . Hence, the petitioners can avail remedy before the Court below, before approaching this Court.
In that light, criminal petition is disposed of with liberty to file a fresh petition before the learned Principal District and Sessions Judge to avail the remedy. In the event, if such petition is filed, the learned Principal District Judge is directed to expedite the case expeditiously.
Sd/- JUDGE RB