IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.2353/2017 BETWEEN:
Sri Ningappa S/o Mallegowda Aged about 60 years R/o Mudalapura Village Bagar Hobli Channarayapatna Taluk Hassan-573 201. .. PETITIONER (By Sri Chethan B, Adv.) AND:
1. State of Karnataka By Kunigal Police Station Tumkur District Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
2. Sri Sadanand S/o Late Mallegowda Aged about 47 years R/at No.56, Annapoorneshwari Nagar 2nd Cross, Moodalapalya Bengaluru-560 072. .. RESPONDENTS (By Sri Chetan Desai, HCGP for R-1 Sri. A.H. Bhagavan, Adv. for R-2) This criminal petition is filed under Section 439(2) of the Cr.P.C. praying to cancel the bail granted to the accused No.1/Respondent No.2 herein by setting aside the order dated 06.08.2014 passed in Crl.A.No.4067/2014 in Cr.No.186/2014 for the alleged offences punishable under Sections 302, 120B, 364, 149, 201 of IPC registered by the respondent Kunigal Police.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-complainant under Section 439(2) of Cr.P.C. seeking cancellation of bail granted in favour of respondent No.2-accused.
2. Learned Counsel for the petitioner-complainant made submission that the matter is posted for conducting trial and now, the next date is fixed on 30.10.2017. He made submission that after the grant of bail, respondent No.2-accused started to threaten the prosecution witnesses. Hence, he submitted that it amounts to violation of condition of the bail order.
3. Learned Counsel for respondent No.2-accused denied the allegation made by the petitioner-complainant in the petition. He also submitted that the false allegations are made against the respondent No.2-accused only with intention to seek the cancellation of bail.
4. I have also heard learned HCGP for respondent No.1-State and perused the order dated 13.9.2017 passed by this Court wherein it is stated that respondent No.2- accused filed an affidavit sworn to by respondent No.2- Sadanand and the contents of the affidavit are extracted in the said order. It is also stated that Sri Chetan B, learned Counsel for the petitioner submits that the petitioner is cited as C.W.1 in the charge sheet and is served with the summons from the Court to appear and adduce evidence on 26.9.2017. In that view of the matter, police protection may be ordered for him till his evidence is complete. This Court has also observed in the said order that the learned HCGP is directed to inform the concerned police station to provide protection to the petitioner-Ningappa until recording of his evidence by the Sessions Court is complete.
5. Even today also, the learned HCGP made submission to the Court that he will see that the concerned police will be informed to give necessary police protection to the petitioner herein on 30.10.2017. Even if evidence of the petitioner-complainant is not completed on 30.10.2017, learned HCGP is directed to take steps in this regard.
6. With this observation, the present petition is disposed of.
7. Copy of this order be given to the learned HCGP immediately.
Sd/- JUDGE Cs/-