IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4651/2019 BETWEEN:
1. SRI. CHARANRAJ K., S/O KRISHNAPPA, AGED ABOUT 33 YEARS, R/AT NO.100, 2ND MAIN, NEAR GOVERNMENT HOSPITAL, SHIGEHALLI VILLAGE, K.R.PURAM HOBLI, BANGALORE – 560 049.
2. SRI.PREAM KUMAR, S/O LATE SUSAIRAJ, AGED ABOUT 21 YEARS, R/AT RENTED HOUSE OF SAKAMMA, NEAR DODDAMMA TEMPLE, 1ST CROSS, 1ST MAIN, CHIKKADEVASANDRA, K.R.PURAM, BANGALORE – 560 049.
3. SRI.LINGARAJ M., S/O MAHADEVAPPA, AGED ABOUT 27 YEARS, R/AT 86, 1ST MAIN, 1ST CROSS, NEAR C COLLEGE MAIN GATE, MUNIYAPPA LAYOUT, SARASWTHAMMA NAGARA, IYAPPA NAGAR, VIRGONAGAR POST, K.R.PURAM, BANGALORE – 560 049.
4. D.N.MURLIMOHAN @ MURLI, S/O NARAYANAPPA, AGED ABOUT 30 YEARS, R/AT RENTED HOUSE OF KONAREDDY, 2ND CROSS, FRIENDS LAYOUT, SEGEHALLI, K.R.PURAM, BANGALORE – 560 049.
4. N.RAGHAVENDRA @ RAGHU, S/O NAGARAJ, AGED ABOUT 21 YEARS, R/AT NO.136, 1ST MAIN, II CROSS, CHIKKADEVASANDRA, K.R.PURAM, BANGALORE – 560 049.
5. DILIP KUMAR S @ DILIP, S/O LATE SWAMY, AGED ABOUT 21 YEARS, R/AT NEAR KARNATAKA FLAG POST, 1ST BLOCK, 2ND CROSS, NEAR BUS STOP, CHICKKADEVASANDRA, K.R.PURAM, BANGALORE – 560 049.
…PETITIONERS (BY SRI.TOMY SEBASTIAN, SR. ADVOCATE A/W SMT. RENY SEBASTIAN, ADVOCATE) AND:
STATE OF KARNATAKA, BY K.R.PURAM POLICE STATION, REPRESENTED BY ITS S.P.P., HIGH COURT BUILDING, BENGALURU – 560 001.
…RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.332/2018 (S.C.NO.1721/2018) OF K.R.PURAM P.S., BANGALORE FOR THE OFFENCE P/U/S 143, 144, 147, 148, 302, 120B R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After hearing learned counsel for some time, learned counsel fairly submitted before the Court that evidence has already commenced and eleven witnesses have already been examined and some of the witnesses have turned hostile to the prosecution. On this ground, learned counsel submitted that petitioners are entitled to be enlarged on bail.
2. However, as the evidence has already commenced before the trial Court and many number of witnesses have already been examined, it is the realm of the trial Court to appreciate the evidence on record and give its finding while disposing of the matter. This Court cannot by means of appreciating the evidence interfere with the realm of the trial Court, whatever may be its purpose.
3. In the above circumstances, it is just and necessary to direct the trial Court to expedite the matter and dispose of the case itself on merits as expeditiously as possible by stipulating some time.
4. Hence, the following:
ORDER The petition is dismissed with a direction to the trial Court to expedite the matter and dispose of the case on merits itself within four months from the date of receipt of a copy of this order.
Sd/- JUDGE *alb/-.