IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4318/2019 BETWEEN:
SRI JAVEED PASHA @ JAVEED S/o SRI AMJAD PASHA AGED ABOUT 26 YEARS RESIDING AT NO.E 18/1 THYAGINAGARA QUARTERS LAKSHIMIDEVINAGARA LAGGERE BENGALURU-560 058 … PETITIONER (BY SRI K.S. ARUN, ADVOCATE) AND:
THE STATE OF KARNATAKA REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BY KALASIPALYA POLICE STATION BENGALURU-560 001. …RESPONDENT (BY SRI YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.85/2018 KALASIPALYA POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF I.P.C. ON THE FILE OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS REJECTED THE BAIL PETITON ON 18.08.2018 IN S.C.NO.1237/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel for the petitioner and perused the entire charge sheet papers.
2. As could be seen from the charge sheet papers, the allegations made against the petitioner are that the petitioner/accused and the complainant (deceased) were working as Coolies in Kalasipalya market in Bengaluru. On 01.04.2018 at about 2.00 p.m. near M.M.Road vegetable market, it is alleged that the petitioner demanded money from the deceased as he had given the said money earlier to the complainant CW1. In this regard, CW1 refused to give money. Hence, the accused took out a knife and stabbed the neck of the deceased causing bleeding injuries. He was admitted to a hospital and statement was recorded. A case was also registered under Section 307 of IPC. Subsequently, on 02.04.2018, the injured succumbed to the injuries in the hospital. When the incident took place, CWs.9 to 12 were also present and they reached to the place in order to resolve the dispute but the accused by that time ran away from the spot. The statements of these witnesses also indicate that they were also present at that particular point of time. Moreover, the statement of the injured itself is made available to the Court as a dying declaration of the said person who has categorically stated about the incident. The above said factors clearly indicate that there is a strong prima facie case made against the petitioner. Hence, the petitioner is not entitled to be enlarged on bail.
3. Accordingly, the petition is dismissed. However, the learned counsel for the petitioner submitted that the petitioner has been in judicial custody for more than 400 days and the accused has not been regularly produced before the trial court. Under the above circumstances, I feel it just and necessary to direct the trial court to take note of the situation and expedite the trial and dispose of the matter as expeditiously as possible and within the outer limit of eight months from the date of receipt of a copy of this order.
Sd/-
JUDGE hkh.