IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6981 OF 2018 BETWEEN:
SRI KARUNESH @ KARUNI S/O ESHWARSHETTY AGED ABOUT 33 YEARS R/O DAMBAHALLI NEW EXTENSION CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT – 577 101 ...PETITIONER (BY SRI S.P.KULKARNI, ADV.) AND THE STATE OF KARNATAKA RURAL POLICE, CHIKKAMAGALURU NOW REPRESENTED BY ITS STATE P.P., HIGH COURT BUILDING BANGALORE – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.407/2017 OF CHIKKMAGALUR RURAL POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCES P/U/S 504, 506, 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Chikkamagaluru Rural Police have charge sheeted the petitioner in Crime No.407/2017 of their Police Station for the offences punishable under Sections 504, 506 & 302 of Indian Penal Code.
2. It is alleged that, on 11.11.2017 at 9.30 a.m. petitioner picked up quarrel with the victim Sagana Shetty regarding payment of arrears of rent brick-kiln and assaulted him with Silver Oak log and committed his murder.
3. The charge sheet is filed on 08.02.2018.
Subsequent to that on 12.07.2018, this Court in Crl.P.No.4786/2018 dismissed the bail petition of the petitioner holding that having regard to the material on record, petitioner is not entitled to admission of bail.
4. Though lengthy arguments on the merits of the case and right private defence etc. are addressed, since earlier petition was rejected on merits, the said arguments cannot be accepted.
5. The only changed circumstance the petitioner urging is that, his mother is ill and his wife has delivered a child. The birth certificate of the child produced by the petitioner shows that the child was born on 19.06.2018. The medical certificate of the mother of the petitioner shows that she was admitted into the hospital from 7.08.2018 to 9.08.2018.
6. The circumstance of the ground of birth of child was very much available to the petitioner when he had filed earlier petition. Therefore, the same ground cannot be accepted now.
7. So far as the ground of mother’s ill health, petitioner has not produced anything to show that his mother is solely dependent on him and he has no other siblings.
8. It is contented that the petitioner is in judicial custody since 13.11.2017. Now the case is pending before the Sessions Court in S.C.No.25/2018. Offence alleged is punishable with death or imprisonment for life. Therefore question of his serving for more than half of the sentence period does not arise.
It is open to the petitioner to seek expedited trial before the Sessions Court. There are no grounds to re- consider the matter. Therefore, petition is dismissed.
Sd/- JUDGE HR