IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.7425/2018 BETWEEN:
RAVI K. S/O LATE KRISHNA AGED ABOUT 29 YEARS R/AT NO.61/6, LIG 5TH STAGE YALAHANKA UPANAGAR BANGALORE 560 064 ALSO AT R/AT NO. 532, 4TH MAIN ROAD HANUMANTHAPURA, SRIRAMAPURAM BANGALORE-21. …PETITIONER (BY SRI M. SHARASS CHANDRA, ADVOCATE) AND:
STATE OF KARNATAKA BY YALAHANKA NEW TOWN P.S. REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE 560 001. …RESPONDENT (BY SRI. M.DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.136/2013 REGISTERED BY YELAHANKA NEW TOWN POLICE STATION, BENGALURU AND IN S.C.NO.1209/2013 PENDING ON THE FILE OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCE P/U/SECTIONS 302 AND 201 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by petitioner- accused No.1 under Section 439 of Cr.P.C to release him on bail in Crime No.136/2013 of Yelahanka New Town Police Station for the offences punishable under Sections 201 and 302 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 18-05- 2013, at 11.30 a.m. while complainant was going to attend the nature-call from his garage, he found one autorickshaw standing bearing registration No.KA-02-B- 2474 near the street light and he also found one person was sitting at backside seat of the autorickshaw in a sitting position and the said person was covered with bed- sheet. When he went near and saw, he saw his neck was cut with sharp weapon and clothes were stained with blood. On the basis of the said complaint, a case was registered in the above crime number.
4. It is the contention of the learned counsel for the accused No.1/petitioner that already accused No.2 has been enlarged on bail and entire case rests on the circumstantial evidence. He further submits that material witnesses have been examined and though the Trial Court has tried to secure remaining witnesses they have not appeared to depose their evidence. He further submitted that the accused No.1-petitioner is having a family and if he is detained in jail, it is going to affect the family and he is ready to abide by the conditions to be imposed by this Court and also ready to offer sureties. On these grounds, he prayed to allow the petition by releasing the petitioner on bail.
5. Per contra, learned High Court Government Pleader vehementally argued that the witnesses who have been examined are material witnesses and they have supported the case of the prosecution to prove the guilt of the accused No.1-petitioner. He further submits that there is a prima-facie material as against accused No.1- petitioner to show that he was involved in commission of serious offence which is punishable with death or imprisonment for life. If he is enlarged on bail he may abscond and tamper the prosecution witnesses. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through materials made available by the learned counsel for the parties during the course of the argument.
7. As could be seen from the records made available, which indicates that already the material witnesses have been examined before the Court below and they have supported the case of the prosecution. During the course of examination their evidence has been taken and that there is no material as against the petitioner- accused No.1, it is the matter to be appreciated only by the trial Court while adjudication of the final case. As could be seen from the order sheet of the Trial Court material witnesses have been examined and they have supported the case of the prosecution. I feel if, the Trial Court is directed to expedite the trial within the period of four months from the date of receipt of copy of this order, this will meet the ends of justice as discussed above.
8. In the above said facts and circumstances, Petition is dismissed with the direction to the Trial Court to expedite the trial by summoning all the witnesses within a period of four months from the date of receipt of copy of this order without seeking further extension of time.
Sd/- JUDGE HR