IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.2844/2017 BETWEEN:
SRI. SRINIVASA REDDY S/O KRISHNAPPA, 40 YEARS CHOLEPURA, RODDAM MANDAL PENUGONDA TALUK ANANTHAPURAM DISTRICT ANDHRA PRADESH-515001.
(BY SRI.ABHINAY Y.T., ADV. FOR SANJAY GOWDA N S., ADV.) AND STATE BY GUDDIBANDE PS CHIKKABALLAPURA DISTRICT REP BY SPP, HIGH COURT BENGALURU-560001 (BY SRI.CHETAN DESAI, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.*152/1999 (S.C.NO.47/2008 PENDING ON THE FILE OF ADDL.DISTRICT & SESSIONS JUDGE, CHIKKABALLAPUR) OF GUIDDIBANDE P.S., FOR THE OFFENCE P/U/S 332,398 AND 399 OF IPC.
*Corrected vide Court order dated 30.10.2017.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 399 and 332 of IPC, registered in respondent – police station Crime *No.152/1999 and now pending in S.C.No.47/2008 on the file of Addl. District and Sessions Judge, Chikkaballapura.
2. Brief facts of the prosecution case as per the complaint averments that one Ashok Kumar is the complainant in this case, wherein he has stated that on 13.11.1999 at about 11.00p.m. when they were sleeping in the house, during night at 1.30a.m., one person called by taking his name as Ashok, Ashok and the mother of the complainant woke up and when she asked his name, the said person told his name, then *Corrected vide Court order dated 30.10.2017.
she switch on the light and woke up the father of the complainant. The father of the complainant opened the door, six persons entered into the house, came to the hall and they threatened the father of the complainant. The complainant came from bed room, at that time, out of six persons, one person assaulted the complainant with club on the right feet, so also, on the chest and caused the injuries, the complainant made hue and cry. When the family members came there, in the meanwhile, those persons snatched the mangalya chain, toe rings, worth Rs.12,000/-. When the mother of the complainant made hue and cry, another person assaulted with macchu on the left portion of the chest and caused the injuries. Four persons, out of six persons, were holding macchu in their hands and other two persons were holding clubs, those persons are having black complexion and one person had put a mask on his face. Those persons cut the telephone wire and when they made hue and cry and on seeing the villagers coming to the rescue, all those persons ran away. On the basis of the said compliant, firstly case came to be registered against unknown persons. The investigation was conducted and charge sheet came to be filed showing the present petitioner as absconding.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint, so also, the charge sheet material and other materials produced along with the petition.
5. The materials placed on record shows that since from the date of alleged incident continuously the petitioner remained absconding and the charge sheet came to be filed as against other accused persons. Though it is contended by the learned counsel for the petitioner that the other accused persons, who were tried for the said offence, have been acquitted from the said offences, but the split up charge sheet is filed against the petitioner herein and the matter is still pending before the trial Court. The incident is of the year 1999 and now we are in the year 2017. Therefore, the conduct of the petitioner is most material. As rightly submitted by the learned HCGP that if the petitioner is released on bail again he will abscond and put hurdles in the trial of the case. Therefore, the petitioner is not entitled to be granted with bail. Hence, petition is hereby rejected.
However, the concerned trial Court is hereby directed to take up the matter on priority basis and to dispose of the same as early as possible but not later than three months from the date of receipt of copy of this order.
Registry is directed to send the copy of this order to the concerned Court immediately.
Sd/- JUDGE BSR