IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1802/2019 BETWEEN:
Sri.Santhosh @ Range Gowda, S/o Venkatesh, Aged about 31 years, R/of Madagere Village, Kasaba Hobli, Alur Taluk, Hassan District-573 213.
(By Sri.M.R.Nanjuda Gowda, Advocate) AND:
The State of Karnataka, By Masti Police, Represented by State Public Prosecutor High Court Buildings, Bengaluru-560 001.
(By Sri.Honappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.4/2018 of Masti P.S., Kolar District for the offence p/u/s 380, 454 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 learned HCGP for the respondent-State. Perused the records.
2. There are serious allegations against the petitioner that, he is habitual offender and there are more than 12 cases pending against him including this case, which is registered for the offences punishable under Sections 454 and 380 of IPC. Though the offenses are not exclusively punishable with death or imprisonment for life, the nature of the allegations and conduct of accused will also weigh while granting or rejecting the bail application and also interest of society should be taken note by the Court at the time of exercising its jurisdictional discretion .
3. In this particular case, it is alleged by the complainant by name Smt.Sunanda, who is resident of Muttena Hatti Village, Masti Hobli, Malur Taluk, Kolar that, on 08.01.2018 when she came to her home at 2.PM, she found somebody has broke open the lock, opened the alumera with the help of crow bar and took Mangalya chain (33 grams), ear studs, jumki and hand chain (40 grams) and neck chain (20 grams), children ear rings (10 grams) and 150 grams of silver, all wroth Rs.2,50,000/-. There is some recovery at the instance of the petitioner-accused. Under these circumstances, particularly when there are about 12 cases are pending against this petitioner, I do not feel it is a fit case where Court can exercise its discretionary power. Hence, petition is liable to be dismissed.
Accordingly, petition stands dismissed.
However, trial Court is directed to expedite the trial itself and dispose of the same as expeditiously as possible.
Sd/- JUDGE SB