IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5798/2017 BETWEEN:
RAJAPPA S/O LAKSHMAN AGED ABOUT 34 YEARS R/O SIGALAPALYA VILLAGE THADIGOL POST RONUR HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT-563 135.
AND ALSO C/O JAIDEV NO.320, 9TH CROSS BTS MAIN ROAD WILSON GARDEN BENGALURU-560 027. ... PETITIONER (BY SRI H V SUBRAMANYA, ADV.) AND:
STATE BY VIDHANA SOUDHA POLICE BANGALORE-560 001.
REPRESENTED BY S.P.P. HIGH COURT BUILDING BANGALORE-560 001. ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.32/2010 (S.C.NO.344/2011) OF VIDHANA SOUDHA P.S., BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 309, 506B OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 and 309 and 506B of IPC, registered in respondent – police station Crime No.32/2010.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. Learned counsel for the petitioner during the course of his arguments has submitted that as of today the petitioner is in custody for more than seven years. Earlier the petitioner has applied for bail under Section 167(2) of Cr.P.C., alleging that the charge sheet was not filed within 90 days from the date of arrest of the petitioner, but the said bail application came to be rejected. Even the petitioner has filed a writ petition, which also came to be rejected. Learned counsel has fairly submitted that as per the prosecution case, there are eye-witnesses to the incident, but his only submission that in spite of long delay of seven years, the prosecution was not able to conclude the trial of the case. Out of total 53 witnesses, the prosecution is able to examine only 23 witnesses, and six witnesses have been given up. He has submitted that looking to the progress in the trial of the case, again it may taken more time, therefore, he submitted that in view of such long delay and the custody of the petitioner, the petition may be allowed and the petitioner may be released on bail by imposing reasonable conditions.
4. Per contra, learned High Court Government Pleader, during the course of his arguments has submitted that, looking to the order of the learned Sessions Judge, it is observed in the said order that there is no delay on the part of the prosecution, however, it is observed that trial is in progress, within short time the trial can be concluded. Hence, he submitted that time bound condition may be imposed for disposal of the main matter itself. Therefore, submitted to reject the petition.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
6. Looking to the materials, prosecution claims that there are eye-witnesses to the incident and the offence alleged is under Section 302 of IPC. Even the statutory bail under Section 167(2) of Cr.P.C. also came to be rejected, so also, the writ petition. As submitted by both sides, trial is in progress; 23 witnesses have been examined sofar and 6 witnesses have been given up. In view of the submission made by the learned counsel for the petitioner that petitioner/accused is in custody since more than seven years, a direction can be issued to the concerned Sessions Judge to dispose of the matter early. Hence, petition is disposed of with a direction to the learned Sessions Judge dealing with the matter to take up the matter on day-to-day basis and to dispose of the same as early as possible, but not later than six months from the date of receipt of copy of this order.
The notice issued to the Director of Prosecution seeking his explanation is also closed.
Registry is directed to send the copy of this order to the concerned Court immediately.
Sd/- JUDGE BSR