IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4728/2019 BETWEEN PUNITH KUMAR @ PUNITH S/O. RAJU AGED 23 YEARS R/AT. MANJAMMA’S BUILDING 18TH CROSS, KAPILANAGARA LAGGERE, BENGALURU – 560 058 ... PETITIONER (BY SRI. MANJUNATH M.R, ADVOCATE) AND THE STATE OF KARNATAKA BY BAGALAGUNTE POLICE REP. BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP FOR) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.368/2017 OF BAGALAGUNTE POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 307, 397, 450, 120-B R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent–State. Perused the records.
2. The petitioner is arraigned as Accused No.1 in Crime No. 368/2017 and after filing of the charge sheet and on committal of the proceedings, it was registered in SC No.1450/2017 for the offence punishable under Sections 307, 397, 450, 120(B) r/w 34 of IPC, which is now pending on the file of LIX Addl. City Civil and Sessions Judge, Bengaluru City.
3. The facts of the case in brief are that, on 18.08.2017 at about 7.40 p.m., CW.1- Neelesh P. Revankar residing at No.39, MHR Layout, near Kirloskar Layout was present in his Mangaluru Jewellary Shop along with his brother and sister. At that time Accused Nos.1 & 2 came on a motor cycle and Accused No.1 has entered the said jewellary shop and Accused No.2 was waiting outside shop on the motor cycle on which they came. After entering the shop, Accused No.1 ( petitioner herein) at the point of long to the neck of CW.1, threatened CW.1 and forced him to pay the money and put the jewels in a cover and he himself also took Rs.2,000/- from the pocket of CW.1 and thereafter tried to assault CW.2 and CW.1. At that time, CW.3, the sister of CW.1 has screamed for help. By hearing the screaming noise, public nearby came inside the shop. On seeing the public, Accused No.2 fled-away from the spot on the Motor Cycle and Accused No.1 was caught red-handed by the public. The police have recovered a sum of Rs.2,000/- and a long from the petitioner (A1), which was stated to be snatched from CW.1.
4. The above said allegations are fully supported by the statement of CWs.1 to 3 and other public who gathered there, who caught hold the accused red-handed. Apart from the above, the learned HCGP submits that, the petitioner is a habitual offender and if he is released on bail he would Commit similar such offences. Learned HCGP also submits that, the petitioner (A1) has committed as many as 13 cases during the year 2016-17 and they are pending against him.
5. Looking to the above said facts and circumstances, as the petitioner (A1) was caught red- handed, it is not proper on the part of this Court to release such person on bail. Therefore, in the circumstances, the petition is devoid of merit and the same is liable to be dismissed.
Accordingly, the petition is dismissed. However, the trial Court is directed to expedite the trial and dispose of the case as expeditiously as possible within the outer limit of one year from the date of receipt of a copy of this order.
Sd/-
JUDGE KGR*