IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE K. NATARAJAN CRIMINAL PETITION NO.287 OF 2019 Between:
Goutham S/o. Ravi, Aged About 20 Years, Residing at No. 34, 3rd Main Road, 3rd Cross, Amara Jyothi Layout, Sanjayanagar, Bengaluru - 560 094. ...Petitioner (By Sri. Ramesh H.N. a/w Sri veeranna G. Tigadi, Advocates) And:
The State of Karnataka By Sanjayanagara Police Station, Rep by Public Prosecutor, High Court of Karnataka, Bengaluru - 560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.248/2017 of Sanjay Nagar Police Station, Bengaluru City for the offence punishable under Section 397 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner as well as learned High Court Government Pleader for respondent-State.
2. This Criminal Petition is filed by the petitioner-Accused No.2 under Section 439 of Cr.P.C. for grant of regular bail for the alleged offence punishable under Section 397 of IPC. It is also brought to the notice of this Court that this petitioner had already moved the bail petition before LXVII Additional City Civil and Sessions Judge, Bangalore, in Crl.Misc.No.7161/2017 and the said petition came to be allowed and bail had been granted vide order dated 27.09.2017. However, after committal of the case by the Magistrate, the petitioner again moved the bail petition under Section 439 Cr.P.C. before the learned Sessions Judge, which is only a formal application but the trial Court dismissed the bail petition without knowing the fact that he has been already granted bail by the Court. It is also fairly admitted by the learned counsel for the petitioner that granting of the bail by LXVII City Civil and Sessions Judge in Crl.Misc.No.7161/2017 had not been brought to the notice of the said Court. Once the bail is granted by the Court until it is cancelled, it holds good till the completion of the trial. Therefore, it is not necessary for moving another bail petition before this Court for granting of bail.
3. Therefore, the petition is dismissed with a liberty to the petitioner to move a formal bail petition along with copy of Crl.Misc.No.7161/2017 before the said court and to furnish surety.
SD/- JUDGE DS/Gbb