IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE B A PATIL CRIMINAL PETITION NO.4325 OF 2018 Between:
Sri.Pavan @ Papa Reddy S/o Ravisekar Aged about 22 years Residing at Sathya Shiva Kalyana Mantapa 3rd Cross, Preethinagar Leggere, Bengaluru – 21. … Petitioner (By Sri H V Manjunatha, Advocate) And:
State of Karnataka By Station House Officer Rajagopala Nagar Police Station Rajagopala Nagar Bengaluru – 560 102. …Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in CR.No.272/2017 (S.C.No.1513/2017) of Rajagopal Nagar P.S., Bengaluru for the offence punishable under Sections 229A, 332, 307 of IPC.
This Criminal Petition is coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. seeking release him on bail in Crime No.272/2017 of Rajagopal Nagar Police Station (S.C.No.1513/2017) on the file of LX Additional City Civil and Sessions Judge (CCH 61) for the offences punishable under Sections 229(A), 332 and 307 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the prosecution are that complainant and other three persons were on duty in the early morning, the present petitioner/accused was seen in suspicious manner and when the complainant and others asked him, he was making an attempt to go away and when complainant fired with pistol two times in the air, in spite of that, when the accused person made an attempt to assault the complainant with the weapon which he was holding, at that time, the complainant fired on the lower limb of the accused. As a result, he sustained the injury and fell down and then police have apprehended and taken him to custody. On the basis of complaint, case has been registered..
4. It is the submission of the learned counsel for petitioner that the petitioner/accused has been apprehended on 01.03.2017 and till now, he is languishing in the jail for more than two years. He further submitted that already charge sheet has been filed and trial has not yet been commenced. He further submitted that if accused is kept in custody, that it amounts to pre-trial conviction. He further submitted that he is ready to abide the conditions imposed by this court and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that earlier the accused/petitioner has approached this Court in Criminal Petition No.7181/2017. This Court by order dated 05.12.2017 dismissed the petition. Now, no changed circumstances have been stated under what circumstances the present petition is filed. He further submitted that the accused/petitioner has obstructed the complainant while discharging his official duty and has assaulted with deadly weapon. He further submitted that the petitioner/accused is a rowdy sheeter and he is involved in many more cases in various police stations. By taking consideration of said facts and circumstances, earlier petition has been dismissed. There are no good grounds to release the petitioner/accused on bail. On this ground, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the petitioner and learned HCGP and perused the records.
7. A close reading of the records indicates that the petitioner/accused has approached this Court on similar grounds in Criminal Petition No.7181/2017. This Court after considering the facts and circumstances, has dismissed the petition on 05.12.2017. No new set of facts and circumstances have been made out so as to entertain the second bail application. The only contention which has been raised by the learned counsel for the petitioner is that already charge sheet has been filed. Since two years, the petitioner/accused is languishing in the jail and trial has not yet been commenced. That will not be a good ground to release the petitioner/accused on bail. If the petitioner/accused is in judicial custody as an under trial prisoner, then under such circumstances, it will not be any violation of fundamental rights, because of the reason that he has to be tried in accordance with law. Under the said facts and circumstances and in view of the decision of this Court in Criminal Petition No.7181/2017, I feel that there are no good grounds to allow the petition. Hence, petition stands dismissed.
The trial Court is directed to expedite the trial expeditiously.
SD/- JUDGE NBM