IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRL.P.NO.983/2017 BETWEEN:
S. Goutham @ Gouthu @ Pille, S/o Subramani, Aged about 22 years, R/o 43, Near Bus Stop, Katriguppe, BSK 3rd Stage, Bengaluru – 560 085. ... Petitioner (By Sri. V. Bharath Kumar, Advocate.) AND:
State of Karnataka Through Station House Officer, Channamanakere Acchukattu Police Station, Bengaluru – 560 085.
Represented by:
Sessions Public Prosecutor, Hon’ble Principal Sessions Court, Bangalore -560 001. ... Respondent (By Sri. S. Vishwamurthy, HCGP.) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.89/2016 of Channamanakere Achu Kattu P.S., Bengaluru City and S.C. No. 942/2016 pending on the file of LXII Addl. City Civil and S.J. (CCH-63), Bengaluru, for the offence p/u/s 302 R/w 34 of IPC.
This criminal petition coming on for orders this day, the court made the following:
O R D E R The petitioner (Accused No.1) along with accused Nos. 2 to 4 is charge sheeted in respect of the offence punishable under Section 302 of IPC by the respondent – Channamanakere Acchukattu Police in Crime No.89/2016.
2. The pith of the story of the prosecution is that on the night of 8.4.2016, the accused in pursuance of their previous enmity against the deceased Chandrashekara, took him away from his house and assaulted him to death with deadly weapons.
3. Accused Nos. 2 to 4 are already enlarged on bail. Considering the statement of eye witnesses, this Court is of the opinion that it is not in fitness of things to enlarge the petitioner on bail until the statement of eye witness CWs.1 to 3 is recorded. As per the submission of the learned counsel, the petitioner is in custody from the last one year but the charge is not framed. If that is so, the trial court is directed to pre- pone case, frame the charge and procure the witnesses. The petitioner is permitted to file fresh bail petition after the statement of eye witnesses i.e., CWs. 1 to 3 is recorded. In the event fresh bail application is filed, the trial court is directed to dispose of the petition in accordance with law without being influenced by the earlier orders of rejection of his bail petitions.
4. With this observation, the petition stands rejected.
Sd/- JUDGE RS/* ct - pgg