IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02nd DAY OF JANUARY 2019 BEFORE THE HON’BLE Mrs. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.7899/2018 Between:
Santhosh @ Moole, S/o Hemanth, Aged about 27 years, Residing at No.7, 7th Cross, 7th Main, Nagamma Nagar, K.P.Agrahara, Bengaluru – 560 023.
(By Sri.Mohan Kumar D., Advocate) And:
State of Karnataka, By Wilson Garden Police Station, Bengaluru.
Represented by Government Pleader, High Court Building, Bengaluru – 560 001.
(By Smt. Namitha Mahesh B.G., HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.106/2017 of Wilson Garden Police Station, Bengaluru for the offences P/U/Ss.326, 307, 143 and 120(B) read with 149 of IPC.
This petition coming on for orders, this day the Court made the following:
ORDER Petitioner is accused No.1 in Crime No.106/2017 of Wilson Garden Police Station. Petitioner and five others were charge sheeted in the said case for the offences punishable under Sections 143, 326, 307 and 120-B r/w 149 of IPC.
2. It is alleged that due to some previous ill-will, accused Nos. 1 to 6 conspired to commit murder of CW-
2 Dinakaran and in execution of such conspiracy, on 11.08.2017 at 6.45 p.m., near burial ground of Shanthinagar Police Station, accused No.1-petitioner stabbed CW-2 with dagger, caused grievous injuries and attempted to commit his murder.
3. Petitioner is in judicial custody since 07.09.2017. The petitioner is said to have involved in other cases of attempt to murder and making preparations for commission of decoity.
4. Though the other accused have been granted bail, the allegations of stabbing and causing injury are against the petitioner. As per the records, there is long standing enmity between the petitioner and CW-2.
5. Under these circumstances, until the evidence of CW-2 is concluded, it is not a fit case to grant bail. Therefore, the petition is dismissed.
Sd/- JUDGE Srl.