IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4493/2019 BETWEEN:
MADAN S/O MANI AGED ABOUT 19 YEARS RESIDING AT NO.91 1ST MAIN, 11TH CROSS SUDHAMANAGAR BENGALURU 560 027 … PETITIONER (BY SRI R.V.SHIVANANDA REDDY, ADVOCATE) AND:
THE STATE OF KARNATAKA BY J.B. NAGAR POLICE STATION REP. BY PUBLIC PROSECUTOR HIGH COURT COMPLEX 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.143/2019 REGISTERED BY JEEVAN BHEEMANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 397 R/W SECTION 34 OF IPC ON THE FILE OF X ACMM, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel for the petitioner and perused the records.
2. Police have registered a case against some unknown persons in Crime No.143/2019 on the complaint lodged by one Bharath. It is stated that on 02.05.2019, at about 11.00 p.m., when he was standing near Murugeshpalya bus stand waiting for a bus, at that time, three unknown persons came to that particular spot and assaulted the complainant. When he questioned at that point of time, one person took a weapon and stabbed on the right side stomach of the complainant and they have robbed samsung mobile phone, purse containing R.C. card, Rs.3,000/- cash and D.L. from the complainant. The police immediately came to the spot and they admitted the injured to the hospital for treatment. They have registered a case based upon the complaint. There is no mention of name of the petitioner in the FIR in order to arrive at a conclusion that, false implication of the accused person has been made.
However, the police have to investigate the matter, identify the accused persons and recover all the materials which are said to have been stolen from the complainant.
Under the above circumstances, the petitioner is not entitled to be enlarged on bail. The petition is dismissed. However, he is at liberty to move the Court immediately after the charge sheet is filed.
Sd/-
JUDGE hkh.