IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.8069 OF 2019 BETWEEN:
SRI M NANDA KISHORE, SON OF SRI K MANOJ KUMAR, AGED ABOUT 21 YEARS, RESIDING AT PLOT NO.40, S M NAGAR, NEAR ANNAI NAGAR, VIKAS LAYOUT, HOSUR TOWN, KRISHNAGIRI DISTRICT, TAMIL NADU PIN-635109. ...PETITIONER (BY SRI SHIVAKUMAR U, ADVOCATE) AND:
THE STATE OF KARNATAKA BY ATTIBELE POLICE STATION, NEXT TO GOVERNMENT HOSPITAL ATTIBELE, CHENNAI HIGHWAY, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU RURAL DISTRICT, KARNATAKA - 562107 REPRESENTED BY S.P.P.
HON’BLE HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT (BY SRI ROHITH B J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.332/2019 OF ATTIBELE P.S., BENGALURU FOR THE OFFENCE P/U/S 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State. Perused the records.
2. A complaint was lodged by a lady by name Yashodha of Ballur village, Attibele hobli, Anekal taluk, stating that on 4.10.2019 at about 5.30 p.m. She lodged a complaint stating that on that day at about 12 to 12.30 p.m. when she was in the house some four persons came and tapped the door. On opening the door they came inside, they were covered with some clothes to their faces. One of them has stabbed her on the hand with a knife, snatched the Mangalya Chain and other gold articles from the house and went away. They were between 20 to 25 years old. On the basis of the complaint, police started investigation and on suspicion they have nabbed accused Nos.1 and 2. The petitioner is arraigned as accused No.2 and recovered a motorcycle as well as the Mangalya chain from them which belonged to the complainant. In the remand application it is stated that only two persons were entered the house of the complainant on that day.
3. The learned High Court Government Pleader submits that the police have made a request to the Executive Magistrate in order to hold Test Identification Parade in order to ascertain whether the petitioners are the persons who entered the house of the complainant on that day, because the complainant at the initial stage told that four persons have entered her house.
4. Looking to the above said facts and circumstances, in my opinion, when specifically the police have made a request to the Taluk Executive Magistrate for the purpose of conducting Test Identification Period it is too premature to enlarge the petitioners on bail.
5. Under the above said circumstances, the petition is dismissed with liberty to the petitioners to approach the Sessions Court immediately after the Test Identification Parade is conducted. In that eventuality, as expeditiously as possible their bail petitions have to be disposed of.
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JUDGE ykl