IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.231/2019 BETWEEN:
SRI.SIKHANDAR @ BETA, S/O EJAZ @ MYSORI, AGED 20 YEARS, R/O 1ST CROSS, MARALURDINNE, TUMKUR CITY – 572 101.
NOW RESIDING AT 17TH CROSS, BEHIND HABIBIYA MOSQUE, TUMKUR CITY – 572 101. …PETITIONER (BY SRI. V.D.RAVIRAJ, ADVOCATE) AND:
THE STATE BY JAYANAGARA POLICE, TUMKUR TALUK AND DISTRICT. REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.79/2018 (C.C.NO.4243/2018) OF JAYANAGARA P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 397, 394 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The brief allegations made against the petitioner are that on 3.6.2018 at about 9.30 p.m. while the complainant by name Mumtaz Ahmed was proceeding near Vokkaligara Hostel Compound, three persons came there and at the knife point they wanted to rob the complainant. In this context, it is alleged that this petitioner who was holding a dagger in his hand assaulted the petitioner on two sides of his cheek and caused injuries and thereafter went away from the spot by robbing the complainant. The learned counsel for the petitioner submitted that charge sheet has been filed in this case and though there are other cases against this petitioner, he has been released on bail.
3. Learned HCGP brought to the notice of this Court that this petitioner is in the habit of committing such offences since 2016. There are as many as 12 cases pending against him in Crime Nos.23, 31 and 39 of 2016, 38 and 128 of 2017, 43, 50, 51, 52, 54, 55 and 80 of 2018 for the similar offences. It appears after taking bail, the petitioner has been continuously indulging himself in committing similar offences. Therefore, though the offences are not punishable either with death or imprisonment for life, looking to the gravity of the offence, I am of the opinion that the petitioner is not entitled to be enlarged on bail. Hence, the petition deserves to be dismissed and accordingly dismissed.
However, the trial Court is directed to expedite the trial itself and dispose of the same as expeditiously as possible Sd/- JUDGE *alb/-.