IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5639/2019 BETWEEN:
Govindaraju S/o late Ramachandrappa, Aged about 26 years, R/at Goragondanahalli, Tiptur Town, Y.T.Road, Tumkur District-572201. …Petitioner (By Sri.Sheshadri G.R., Advocate) AND:
State of Karnataka, By Nonavinakere Police Station, Tumkur District-572224.
Represented by SPP, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri.Honnappa, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of his arrest in Cr.No.109/2018 (C.C.No.198/2019) of Nonavinakere police station, Tumakuru for the offence punishable under Sections 363 and 395 of IPC.
This Criminal 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 petitioner is arraigned as accused No.1 in Cr.No.109/2018 of Nonavinakere Police Station, Tumakuru for the offence punishable under Sections 363 and 395 of IPC.
3. The brief facts of the case are that the petitioner and other accused persons were intercepted the way of the complainant and assaulted him and robbed Rs.3,000/- along with mobile phone worth Rs.8,000/-. During the course of investigation, the other accused persons have been arrested and mobile phone has been recovered and test identification parade was conducted and other accused persons have been identified by the complainant.
4. Under the above said circumstances, whether the petitioner is participated in the above crime or not has to be tested during identification by the complainant.
5. At this stage, in my opinion, though the charge sheet has filed, he is not entitled to be enlarged on bail particularly, anticipatory bail because identification is the question remained to be considered by the investigating officer so far as it relates to the petitioner is concerned. Hence, the petition deserves to be dismissed.
Accordingly, the petition is dismissed as devoid of merits.
Sd/- JUDGE JS/-