IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.3413 OF 2019 BETWEEN:
RAJEGOWDA S/O ANKEGOWDA AGED ABOUT 45 YEARS R/AT KANIVEKOPPLU VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT – 571 431 ...PETITIONER (BY SMT. RAKSHA KEERTHANA, ADV. FOR SRI KEMPARAJU, ADV.) AND STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.175/2016 REGISTERED BY PANDAVAPURA POLICE STATION, MANDYA AND IN S.C.NO.5007/2018 PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA FOR THE OFFENCE P/U/S 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This is the third successive bail application of the petitioner.
2. Petitioner is facing trial in S.C.No.5007/2018 on the file of III Additional District and Sessions Court, Mandya (sitting at Srirangapatna) on the charge for the offence under Section 302 IPC, on the basis of charge sheet filed by Pandavapura Police in Crime No.175/2016.
3. It was alleged that on 27.05.2016 at about 10.00 a.m. in his house at Kanivekoppalu village of Pandavapura Taluk, petitioner attempted to molest his sister-in-law Vishalamma and when she resisted, he stabbed her and committed her murder.
4. The first bail petition of the petitioner in Criminal Petition No.3752/2018 was dismissed on 28.06.2018 as withdrawn. In the said case it was observed that, when the Court was about to dictate the order dismissing the petition, the said petition was withdrawn. Thereafter his second bail petition in Criminal Petition No.6536/2018 was rejected considering the merits of the case.
5. Now again he is before this court seeking bail.
The only changed circumstance the petitioner pleads is that there is delay in trial and that he is suffering from some health issues.
6. Regarding his health condition, this Court called for the medical reports of the petitioner. The Associate Professor of Department of Medicines of Mandya Institute of Medical Sciences, who is treating the petitioner, has submitted the report dated 11.11.2019. The report states that the patient is stable, though he is suffering from hyper tension had some history of Cerebrovascular accident in the past. Therefore, the medical ground urged cannot be accepted.
7. So far as the delay in trial, the petitioner himself stated in his petition that already PW-1 was examined as on the date of the petition. There is nothing on record to show that delay, if any, could be attributed to the prosecution. This court does not find any ground to extend the bail. Therefore, the petition is dismissed.
Sd/- JUDGE KNM/-