IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6781 OF 2017 Between :
Sri Raghu, S/o Late Thippeswamy, Aged about 34 years, Residing at No.108/1, 1st Main, 15th Cross, K.T.J. Nagar, Jayadeva Circle, Davanagere-577 002. …Petitioner (By Sri Thippeswamy T., Advocate) And:
The State of Karnataka, By Sarjapura Police, Anekal Taluk, Bangalore Urban District, Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ...Respondent (By Sri S. Vishwamurthy, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in S.C.No.5003/2013 pending on the file of III Addl. District and Sessions Judge, Anekal, Bangalore Rural District and in Cr.No.47/2013 of Sarjapura Police Station, Bangalore District, for the offence p/u/s 302 r/w 34 of IPC.
This criminal petition coming on for Orders this day, the court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner along with co-accused is chargesheeted by the respondent police in their Crime No.47/2013 in respect of the offence punishable under Section 302 r/w 34 of IPC.
3. In fact he was on bail by the order of this Court in Crl.P.No.3982/2013 dated 8.07.2013. Subsequently, he remained absent for 1½ years, was procured under NBW and remanded to judicial custody. The learned Sessions Court has rejected bail for him by observing that since he did not offer surety when brought under N.B.W, thus he was sent to judicial custody.
4. Learned counsel for the petitioner submits that in fact he was arrested from the Court premises on 27.4.2017 while he was about to surrender before the Court. He undertakes to attend the Court regularly without fail and ready to abide by any conditions that may be imposed on him.
5. Learned HCGP submits that trial is in progress and only 3 witnesses are to be examined.
6. In the light of the above submissions, it is felt that it is not appropriate to release the petitioner on bail at this stage. Hence, petition is rejected. The trial Court is directed to expedite the trial. In the event, trial is not concluded within 60 days of communication of this order, that entitles the petitioner to move fresh bail petition before the Sessions Court.
Sd/- JUDGE Mkm*