IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.3237/2019 BETWEEN:
SRI KUMARA @ GONNE KUMARA @ YOGESH KUMARA S/O MOGANNA AGED ABOUT 32 YEARS R/AT CHELUVAPPA GARDEN NEAR NAGARAKALLU TEMPLE K.P.AGRAHARA, BENGALURU – 560 079 … PETITIONER (BY SMT.RAKSHA KEERTHANA K.FOR SRI KEMPARAJU, ADVOCATES) AND:
STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION REP. BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 ... RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.193/2011 OF BYATARAYANAPURA POLICE STATION, BENGALURU WHICH IS NOW PENDING IN S.C.NO.843/2017 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 144, 148, 114, 323, 365, 201, 302 R/W SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.4 in Crime No.193/2011 of Byatarayanapura police station which is now pending in S.C.No.843/2017 on the file of LX Additional City Civil and Sessions Judge, Bangalore City (CCH-61). He is facing trial in the said case along with other accused on the charge of being member of unlawful assembly with deadly weapons and committing murder of one Govindaraju.
2. Initially, the said case was registered in S.C.No.112/2015. Petitioner was granted bail in the said case on 28.03.2015 and was released from custody on 13.05.2015. Thereafter, he went absconding. Therefore, the trial Court split up the case against the petitioner and registered the split up case in S.C.No.843/2017.
3. Thereafter, on 07.08.2017 petitioner appeared before the Sessions Court and sought bail which was rejected. Therefore, he approached this Court in Crl.P.No.5521/2018 which came to be rejected on the ground that he has abused the bail granted to him.
Again he has filed this petition claiming that during the period of absence from the Court in S.C.No.112/2015, he was in Judicial Custody in S.C.No.5046/2015 on the file of III Additional District and Sessions Judge, Srirangapatna, Mandya.
4. Records made available by the learned Counsel for the petitioner herself show that in Crime No.34/2013 out of which S.C.No.5046/2015 arose, the petitioner was arrested on 13.02.2013 and released on bail on 17.08.2016. Even thereafter for one year he did not appear before the trial Court. The charge sheet in Crime No.34/2013 of Arakere police station states that after absconding in the case on hand, the petitioner got involved in another crime.
5. It is clear that the petitioner has abused the discretion exercised in his favour which disentitles him for grant of bail. Therefore, the petition is dismissed.
Sd/- JUDGE KSR