IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE:
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 5413/2017 BETWEEN:
KARUNAKARA @ KARUNA S/O BOREGOWDA, AGED ABOUT 25 YEARS, R/O BASAVANAHALLIKOPPALU VILLAGE, RAMANATHAPURA HOBLI, ARKALGUD TALUK HASSAN DISTRICT-573102 ..PETITIONER (BY SRI MURTHY D L., ADVOCATE) AND:
STATE BY KONANUR POLICE STATION REP. BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560 001 ..RESPONDENT (BY SRI P.M.NAWAZ, SPP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.195/2015 (C.C.NO.329/2016) OF KONANUR P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 379 OF IPC AND SECTION 4(1A),21 OF MMDR ACT, 1957.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner and learned SPP.
2. State has not filed any written objections inspite of granting sufficient time.
3. Learned SPP has orally opposed the petition. The petition is filed under Section 438 of Cr.P.C seeking anticipatory bail in Crime No.195/2015 presently pending in C.C.No.329/2016 on the file of Principal Civil Judge (Jr.Dn) and JMFC at Arakalgud.
4. It is not in dispute that after investigation, the charge sheet has been laid against petitioner as sole accused in 2015. The anticipatory bail application moved by the petitioner before the Principal Sessions Judge, Hassan has been dismissed by order dated 03.11.2016 in Criminal Misc. Petition No.1226/2016. The very fact that the said petition was dismissed after the submission of charge sheet indicates that the petitioner has been absconding since then and warrant has been issued by the trial court for securing the presence of the accused. As it is open for the petitioner to seek for recall of the warrant and for regular bail before trial court, I do not find any justifiable reason to entertain the petition.
Petition is dismissed.
Sd/- JUDGE SBN