IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8627 OF 2018 BETWEEN MYLARAPPA C @ C.MYLARI S/O CHIKKALINGAYYA AGED ABOUT 38 YEARS, RESIDING AT NO. 292 NAGAREDDY LAYOUT GOWRIBIDANUR TOWN CHIKKABALLAPURA DISTRICT PIN CODE: 561208 NOW IN JUDICIAL CUSTODY ... PETITIONER (BY SMT. SRUTI CHAGANTI, ADV. FOR SRI. SHEKHAR BADIGER, ADV.) AND THE STATE OF KARNATAKA BY: GOWRIBIDANUR TOWN POLICE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE – 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 CRIME NO.203/2018 OF GOWRIBIDANUR TOWN POLICE STATION, CHICKBALLAPUR DISTRICT FOR THE OFFENCE P/U/S 307,353,506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.203/2018 of Gowribidanur town Police Station. The said case is registered against the petitioner and second accused for the offences punishable under Sections 353, 307, 506, read with Section 34 of Indian Penal Code on the basis of the complaint of one Srinivasa K.R. the probationary Thasildar of Gowribidanur Taluk.
2. It is alleged that on 03.10.2018 at 17.15 p.m. when the complainant was holding meeting of the Village Accountants in his Office at Gowribidanur, the petitioner armed with deadly weapon chased the second accused into the office of the complainant. It is further alleged that second accused screamed for help and the public gathered and grappled the petitioner and snatched weapon from his hands. The complainant states that there would have been assault on the staff of his Office and the accused had created horror in the Office.
3. Learned counsel for the petitioner submits that the second accused has not suffered any injury and the petitioner is not involved in any other cases.
4. Learned H.C.G.P. opposes the petition on the ground that the petitioner has barged into the Government Office with an intention of committing offence and he has previously faced trial in three other criminal cases.
5. The material on record, at this stage prima facie shows that petitioner in broad light armed with deadly weapon barged into the public office when the official business was going on. That shows the petitioner’s proclivity in criminal activities. The case is still at the investigation stage. Though the petitioner was acquitted in three cases, he faced trial in those cases. It is further submitted that petitioner is presently involved in another case in Crime No.234/2018 of respondent Police Station.
Having regard to the material on record and nature of the allegation against the petitioner, it is not a fit case to grant bail. Therefore, petition is dismissed.
Sd/- JUDGE HR CT-HR