IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4521/2019 BETWEEN:
SRI BYREGOWDA S/O VENUGOPAL AGED ABOUT 30 YEARS, WORKING AT DAIRY R/O SEETHI HOSUR KOLAR TALUK, NOW R/AT KOTE KOLAR-563101 ...PETITIONER (BY SRI M.R.NANJUNDA GOWDA, ADV.) AND:
THE STATE OF KARNATAKA BY NANGLI POLICE, MULBAGAL TALUK KOLAR DISTRICT, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.47/2019 OF NANGLI P.S., KOLAR FOR THE OFFENCE P/U/S 201 AND 302 OF IPC AND SECTON 3(2)(5) OF SC/ST (POA) ACT.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the Respondent-State. Perused the records.
2. The learned High Court Government Pleader submits that it is a circumstantial evidence case and on the basis of the First Information Report, no inference can be drawn in any manner and only after completion of the investigation, the Court may be in a position to understand what exactly is the case of the prosecution. Even as on the date of filing of the petition under Section 439 of Cr.P.C. before the Trial Court, there was no charge sheet available to the Court and no full information was available against the accused.
3. Under the above circumstances, I feel it is just and necessary to dismiss the petition as withdrawn with liberty to the petitioner to approach the Trial Court immediately after filing of the charge sheet and he is also at liberty to move this Court if he fails to succeed in the Trial Court.
Dvr:
Sd/- JUDGE