IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION No.6325/2018 BETWEEN:
SRI.SANJAY M., S/O MUTHURAJ, AGED ABOUT 18 YEARS, RESIDENT OF NO.151, 2ND CROSS, SAIT PALYA, LIGARAJAPURAM, ST.THOMAS TOWN POST, BANGALORE – 560 084. …PETITIONER (BY SRI ANIL REDDY S., ADV., - ABSENT) AND:
THE STATE OF KARNATAKA, SUBRAMANYA NAGAR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENT (BY SRI M.DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.102/2018 OF SUBRAMANYA NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDER, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner under Section 439 of Cr.P.C, to release him on bail in Cr.No.102/2018 of Subramanyanagar Police Station for the offence punishable under Section. 397 of IPC.
2. On previous occasions, matter was adjourned several times. Today also there is no representation on behalf of the petitioner. I have heard learned HCGP for the respondent-State.
3. It is stated in the petition that there is no prima facie case as against the petitioner/accused. He is innocent and a false case has been registered against him.
4. It is the submitted by the learned HCGP that the accused is a habitual offender and he is involved in many number of cases. If the petitioner/accused is enlarged on bail, he may indulge in similar type of criminal activities.
He further submitted that gold chain has been recovered at the instance of the accused and even the complainant has also identified the accused. On these grounds he prayed to dismiss the petition.
5. I have carefully and cautiously examined the contents of the complaint and the submissions made by the learned counsel for the parties.
6. As could be seen from the records, when the complainant was proceeding at Rajajinagar I Block, the accused came and threatened the complainant and snatched her gold manglya chain and thereafter fled away on the motor bike from the scene of offence. Though the alleged offence is not punishable with death or imprisonment for life, it is the specific contention of the learned HCGP that the petitioner/accused is involved in several cases and gold chain is also recovered at the his instance and if the petitioner/accused is enlarged on bail he may abscond and indulge in similar type of activities.
Under such circumstances, the petitioner/accused is not entitled to be released on bail.
7. In the result, petition is dismissed.
SD/- JUDGE Msu