IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6490 OF 2017 BETWEEN KIRAN N.V S/O LATE VASANTHKUMAR GOWDA AGED ABOUT 28 YEARS R/AT NEAR INDIAN OVER SEAS BANK THATAGUNI, KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE – 560 058 (BY SRI.M.KRISHNE GOWDA, ADV. FOR SRI. PRADEEP C.S., ADV.) AND STATE OF KARNATAKA REPRESENTED BY KAGGALUPURA P.S.
STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 (BY SRI. S.VISHWAMURTHY, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.435/2016 OF KAGGALIPURA POLICE STATION, RAMANAGARA FOR THE OFFENCE P/U/S 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is charge sheeted by the respondent police for the offence punishable under Section 302 of IPC. The allegation is, on the night of 13.10.2016, he assaulted deceased Mayamma who was residing alone in her house. He pressed her nose and mouth with his hands to death and extorted her gold chain pledged the same and during the course of investigation the I.O. has recovered the said gold chain from peldgee.
2. Learned counsel for the petitioner submits that the petitioner is in custody since 17.10.2016. So far charge is not framed. It is unlikely for the trial to commence soon in view of the heavy pendency cases before the sessions court.
3. However, considering the fact that there is clinching circumstantial evidence on record, it is not in the interest of justice to enlarge the petitioner at this stage. Hence the petition is rejected.
4. The trial court is directed to expedite the matter and commence the trial within sixty days of communication of this order.
Learned counsel for the petitioner is requested to communicate this order to the concerned court.
Sd/- JUDGE Bsv