IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3386 OF 2019 BETWEEN M. VINOD S/O LATE MURALI BABU AGED ABOUT 26 YEARS R/AT NO.4, 1ST CROSS CHELUVAPPA GARDEN K.P. AGRAHARA MAGADI MAIN ROAD BENGALURU NORTH BENGALURU – 560 023.
(BY SRI. GOPALA .P., - ADVOCATE) AND STATE OF KARNATAKA BY SHO, KUNIGAL PS TUMKUR DISTRICT REPTD., BY GOVT. PLEADER HIGH COURT BUILDING BANGALORE – 560 001.
... PETITIONER …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO. 260/2018 (AND SPLIT UP C.C.NO. 67/2018 (ORIGINAL C.C.NO. 48/2018) OF KUNIGAL P.S., TUMAKURU DISTRICT FOR THE OFFENCE P/U/S 120B, 395, 397, 489, 201 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A.12) and the learned HCGP appearing for the respondent-State. Perused the records.
2. The allegations in brief are that, on 09.06.2018, all the accused persons have intercepted the way of CWs. 1 to 3 and robbed a sum of Rs.13,00,000/- from CW.2, which was kept in his car and ran away from the spot. The entire charge sheet papers disclose that the other accused persons were released on bail after the identification parade being conducted and the complainant has identified some of the accused persons. This petitioner has approached this court for grant of anticipatory bail.
3. The learned High Court Government Pleader submits that before identification of this accused, if he released on bail, the very purpose of investigation would be defeated. Further, it is submitted that the charge sheet has been filed against the other accused persons including this petitioner (A.12) accused. But, due to non-availability of this petitioner (A.12), the identification parade could not have been conducted by the police in respect of this petitioner.
4. In the above said circumstances, I do not find any strong reason to enlarge the petitioner on anticipatory bail. The petition is devoid of merit and the same is liable to be dismissed. Accordingly, the petition is dismissed.
However, it is made clear that, after arrest of the accused, he can move the trial Court for grant of bail by filing an appropriate application. If any such application is filed, the trial Court shall dispose of the same as expeditiously as possible, in accordance with law.
KGR* Sd/-
JUDGE