IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7646 OF 2019 BETWEEN:
G. Dilip Kumar @ Shooter Dilip S/o. Gangappa Aged about 26 years, R/at : #36/1, 1st Main Road, 2nd Cross, Shivapura, Nelagadaranahalli, Nagasandra Post Bengaluru-58 (BY SRI K. NARASEGOWDA, FOR SRI MANJUNATH M.R., ADVOCATE) AND:
State of Karnataka By Peenya P.S., Rep. by Public Prosecutor, High Court of Karnataka Building, Bengaluru-560 001 (BY SRI ROHITH B.J., HCGP) …PETITIONER …RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.241/2019 REGISTERED BY PEENYA POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 201 AND 302 OF IPC.
THIS PETITION 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 records.
2. The learned counsel for the petitioner submits that, though 90 days period has already been elapsed from the date of taking the accused to the custody and an application being filed before the jurisdictional Magistrate under Section 167(2) of Code of Criminal Procedure for grant of statutory bail, the learned Magistrate has not been passed any order on the said application.
3. In view of the submission made, this petition is dismissed, with liberty to the petitioner, to approach the appropriate forum after disposal of the said application by the jurisdictional Magistrate. However, jurisdictional Magistrate i.e. XXXI Additional CMM, Bengaluru City is hereby directed to dispose of the said application filed under Section 167(2) of Cr.P.C., as expeditiously as possible, within the outer limit of one week, from the date of receipt of a copy of this order.
4. With the above observation, the petition is disposed of.
Sd/- JUDGE Sbs*