IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7516/2019 BETWEEN SRI. VINOD KUMAR S/O. SAMPANGIRAMAIAH K AGED 45 YEARS R/O. NO.1643, A BLOCK AECS LAYOUT SINGHA SANDRA BENGALURU – 560 068 ... PETITIONER (BY SRI. BHARATH KUMAR, ADVOCATE) AND STATE OF KARNATAKA THROUGH THE STATION HOUSE OFFICER PARAPPANNA AGARAHARA POLICE STATION BENGALURU – 560 100 REP. BY THE STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.288/2019 OF PARAPPANNA AGRAHARA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 506, 504, 143, 147, 148, 307, 354, 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner, who arraigned as Accused No.1, in Crime No.288/2019 of Parappanaha Agrahara Police Station, Bengaluru, registered against him and others,. has sought for Anticipatory Bail under Section 438 of Cr.PC. for the offences punishable under Sections 506, 504, 143, 147, 148, 307, 354, 149 OF IPC, which is now pending before the Court of IX Addl.CMM, Bengaluru.
3. The allegations are that, on 22.09.2019 at 11.15 p.m., the petitioner and other accused persons formed themselves into an unlawful assembly with an intention to assault and kill the complainant’s husband by name Sri. Sridhara (victim). In this context, there was a melee between two groups and it is alleged that this petitioner has threatened the victim-Sridhara with dire consequences and other accused persons were also pushed him to the ground also tried to throw a stone on the head of him.
4. Learned counsel for the petitioner has brought to the notice of this Court that counter complaint has also been filed in Crime No. 289/2019 of same Police Station ie., Parappana Agrahara Police Station, Bengaluru, wherein the complainant’s husband- Sridhara has been arraigned as Accused No.1.
5. Learned HCGP has brought to the notice of this Court that the bail petition filed by the said Accused No.1-Sridhara in connection with the counter complaint in Crime No. 289/2019 of the respondent- Police Station, has been rejected by this Court.
6. Looking to the above circumstances, both criminal cases arise out of the same incident and they are complaint and counter complaint. Therefore, I am of the opinion that, the petitioner is not entitled to be enlarged on Anticipatory Bail. However, it is made clear that, in case the petitioner files any application under Section 439 of Cr.PC., the concerned trial Court shall consider and dispose of the same as expeditiously as possible, without undue delay.
7. With the above observation, the petition is dismissed.
KGR* Sd/-
JUDGE