IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3895/2019 BETWEEN SRI ASIF PASHA S/O MUNAVAR PASHA AGED 24 YEARS R/AT NO. 54, KEB QUARTERS KALYANAGIRI MYSURU – 570 019 ... PETITIONER (BY SRI. A. M. MUJAWAR, ADVOCATE) AND STATE OF KARNATAKA BY THE POLICE OF DEVARAJA POLICE STATION, MYSURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 57/2019 OF DEVARAJA POLICE STATION, MYSURU CITY, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 394 AND 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed for grant of bail to the petitioner/accused-Asif Pasha, in connection with Crime No.57/2019 of Devaraja Police Station, Mysuru City, for the offence punishable under Sections 394 and 397 of IPC.
2. Heard the learned counsel for the petitioner and the learned HCGP for the Respondent–State. Perused the records.
3. The brief factual matrix of the case is that, a complaint pertaining to the said case came to be lodged by the complainant-Mr. Sachin R. alleging that, on 04.05.2019 at about 8.,00 a.m., he went to Mysuru City Bus Stop to go to Srirangapatna and while he was boarding the bus, a person pushed him and also snatched his purse. The complainant chased the said person and took back his purse. At that time, two other unknown persons came to the said place and all of them assaulted and pushed the complainant, and threatened him by showing the knife and again they snatched away his purse. Then immediately he shouted by saying ‘Thief’. On hearing his shouting, the public who were present nearby, caught hold the petitioner/accused and handed him over to the Garuda Police. Thereafter, the complainant also went to the jurisdictional police station, lodged a complaint and identified the accused. Immediately, the police recovered Rs.1,200/- and other items which were in the purse and gave it to the complainant.
4. The learned HCGP submitted that, as many as six cases are registered against this petitioner/accused for similar offences and they are pending for consideration. The trial Court also while dismissing the bail application of this petitioner/accused has observed that, several complaints have been registered against this petitioner in Crime Nos. 197/2011 and 6/2019 of Devaraja Police Station, Crime No.152/2014 of Lashkar Police Station, Crime No.136/2012 of Mandi Police Station, Crime No.116/2017 of Besagarahalli Police Station and Crime No.326/2014 of Bengaluru Wilson Garden Police Station, and some of the cases, according to the learned counsel for the petitioner, have been disposed of. However, in support of the said submission, no such materials have been produced before this court.
5. Looking to the above facts and circumstances, it appears, even if this petitioner/accused is enlarged on bail, he would continue to commit similar offences. Therefore, I do not find any strong reason to release this petitioner/accused on bail. However, the trial Court is directed to dispose the case on merits, as expeditiously as possible.
With the above said observation, the petition is dismissed.
KGR* Sd/-
JUDGE