IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8171 OF 2019 Between:
Naveen Kumar, S/o Annayappa, Aged about 22 years, R/at #288, Channakeshava Nagara, 13th Cross, G.K.layout, Hosa Road, Bengaluru – 560 100. ... Petitioner (By Sri.K.Ram Singh, Advocate) And:
State of Karnataka, By Parappana Agrahara Police Station, Bengaluru – 560 100.
Rep. by Government Pleader, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri.M. Divakar Maddur, HCGP) This Crl.P is filed u/s.439 of Cr.P.C. praying to release the petitioner on bail in Cr.No.546/2017 (S.C.No.841/2018) of Parappana Agrahara P.S., Bengaluru City for the offence P/U/S 307 R/W 34 of IPC.
This Crl.P coming on for Orders, this day, the Court made the following:
O R D E R The petitioner – accused No.1 is before this Court praying to release him on bail in S.C.No.841/2018 (Crime No.546/2017) of respondent Parappana Agrahara police station, Bengaluru, registered for alleged offence punishable under Section 302 read with Section 34 of IPC, pending on the file of the learned LIX Addl. City Civil and Sessions Judge (CCH-60), Bengaluru.
2. Heard the learned counsel for the petitioner – accused No.1 and learned HCGP for the State.
3. Learned HCGP brought to the notice of this Court that earlier the accused has approached this Court in Crl.P.No.3976/2019. This Court by order 16.08.2019 has dismissed the criminal petition by giving liberty to petitioner – accused No.1 to approach the Court below by filing application after examination of complainant and all the eye witnesses. But, in the instance case on hand, no such application has been filed before the Court below.
4. Learned counsel for the petitioner – accused No.1 submits that all the witnesses have not supported the case of the prosecution, except PW-5 – Doctor. The petitioner – accused No.1 contends that he will file an application before the Court below after examination of complainant and all the eye witnesses as per the order dated 16.08.2019 in Crl.P.No.3976/2019 5. In that light, liberty is given to the petitioner – accused No.1 to file appropriate application before the Court below. Accordingly, the petition is disposed of.
Sd/- JUDGE MH/-