IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.78/2019 BETWEEN:
Prabhakar, S/o Late Prabhu, Aged about 25 years, # 36, Bandenagar, Old Byapanahalli, Bangalore-560 034 Karnataka (By Sri. R.Ranganath Reddy, Adv) AND:
State by Byapanahalli Police Station, Bangalore Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001.
(By Sri.Honnapa, HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petition on bail in Cr.No.127/2017 of Byappanahalli Police Station, Bengaluru for the offence p/u/s 302 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 and perused the records.
2. Learned counsel for the petitioner submits that in S.C.No.90/2018 evidence has already been recorded and all the witnesses have turned hostile for the prosecution. On this ground, he is before this Court. At this stage, this Court cannot appreciate the evidence recorded by the trial Court. It is the exclusive domain of the trial Court to do the same.
3. In the above said circumstances, the petition is dismissed with a direction to the trial Court to expedite the trial and dispose of the case as expeditiously as possible, preferably within an outer limit of three months from the date of receipt of copy of this order.
Sd/- JUDGE SB