IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6138/2017 BETWEEN SRI. PUNITH KUMAR K @ PUNITHA S/O LATE KEMPAIAH AGED ABOUT 23 YEARS R/AT DOODA ALALLI VILLAGE KANAKAPURA TALUK RAMANAGARA DISTRICT – 562 117 (BY SRI.KEMPARAJU, ADVOCATE) AND STATE OF KARNATAKA BY KANAKAPURA TOWN POLICE STATION REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 (BY SRI.S.VISHWAMURTHY, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.102/2015 OF KANAKAPURA TOWN POLICE STATION, RAMANAGARA AND SPL.C.C.NO.4/2016 PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA DISTRICT, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 120B, 114, 506, 366, 366A, 343, 34 OF IPC AND SEC. 12 OF POCSO ACT.
THIS 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 respondent- State.
2. The petitioner (accused No.4) along with three others is charge sheeted by the respondent-police in respect of the offences punishable under Sections 120B, 114, 506, 366, 366A, 343, 34 of IPC and Section 12 of POCSO Act. He was shown as absconding accused in the charge sheet.
3. Learned counsel for the petitioner submits that similarly placed accused No.3 who was also arrayed as absconding accused is granted anticipatory bail by this Court in Crl.P. No.8639/2015 and there is no incriminating material against this petitioner either in the charge sheet or in the statement of the victim recorded under Section 164 of Cr.P.C. However, considering the fact that for last more than a year, even after knowing that he is charge sheeted and process is issued against him he is avoiding the service, it is not a fit case to consider his request for anticipatory bail. Hence, petition is rejected. However, in the event, the petitioner surrenders and moves for cancellation of NBW and seeks for regular bail, his applications shall be considered in accordance with law as expeditiously as possible without being influenced by the earlier orders of rejection of the bail petition.
Sd/- JUDGE BS