IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7713 OF 2016 BETWEEN:
MANJUNATH S/O RAMANJINAPPA @ APPAIAH AGED ABOUT 23 YEARS, RESIDENT OF JINKEBACHCHAHALLI VILLAGE, KASABA HOBALI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT ... PETITIONER (By Sri: NARASIMHA GOWDA S N, ADVOCATE) AND:
THE STATE BY DODDABALLAPURA RURAL POLICE REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. ... RESPONDENT (By Sri:B.J. ESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C. PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.117/2016 OF DODDABALLAPURA RURAL P.S., BENGALURU DIST. FOR THE OFFENCE P/U/S 392 OF IPC. THE IV ADDL. DIST. AND S.J., DODDABALLAPURA, HAS DISMISSED THE BAIL PETITION ON 16.07.2016 IN CRL.MISC.NO.10100/2016.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This petition is filed under section 438 of Cr.P.C. for an order of anticipatory bail. The application filed by the petitioner herein before the IV Addl. District and Sessions Judge, Doddaballapura has been rejected.
2. F.I.R. seems to have been registered against unknown person on the basis of the complaint lodged by one Smt.Rathnamma alleging that on 2.3.2014 at about 5.45 p.m., when she was returning to her house, some unknown person snatched her gold chain and fled away. There are no averments whatsoever in the entire petition making out any apprehension of arrest in any non-bailable offence. That apart, having regard to the nature of the allegations made in the FIR, custodial interrogation of the culprit is essential. In any event, the petitioner having not made out any apprehension of his arrest, benefit of anticipatory bail cannot be extended to the petitioner.
Hence, the criminal petition is dismissed.
Sd/- JUDGE Bss.