IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7551/2019 BETWEEN:
1. SRI. THIPPESWAMY S/O HANUMANTHANNA, AGED ABOUT 30 YEARS, R/A MARAMMANA GUDI ROAD, SR ROAD, GANDHINAGAR, CHALLIKERE TOWN, CHITHRADURGA DISTRICT-577522.
2. VIRESH S/O CHANDRASHEKAR, AGED ABOUT 28 YEARS, R/AT HULIYUR ROAD, HIRIYUR TOWN, CHITHRADURGA DISTRICT-577522.
...PETITIONERS (BY SRI: RUDRAPPA,P., ADV.,) AND:
THE STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION, BENGALURU CITY-560061.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560001.
..RESPONDENT (BY SRI: HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.228/2019 REGISTERED BY SUBRAMANYAPURA POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 397 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 petitioners and the learned HCGP for the respondent-State. Perused the records. The allegations made in the case are that the complainant by name Saraswathi, resident of Maruthi Layout, Vasanthapura, Bengaluru lodged a complaint on 23.08.2019 alleging that at about 11.30 a.m., when she was proceeded to purchase some milk from milk parlor and she also had been to dental clinic for treatment, when she was way back to her home near Gajanana apartment, Maruthi layout at about 12.00 p.m., two persons came on motorcycle and snatched the gold chain by showing knife to her and went away from that spot. The complainant stated that she knew the petitioners and she could identify them. On the basis of this, the Police have nabbed the petitioners. The investigation has not yet completed. Test identification parade of the accused has to be done. Therefore, at this stage, in my opinion, the petitioners are not entitled to be enlarged on bail. However, on the any changed circumstances or after filing of the charge sheet, the petitioners are at liberty to move the bail petition.
On these grounds, the petition is dismissed.
Sd/- JUDGE SSD