IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3866 OF 2019 BETWEEN:
STATE OF KARNATAKA, SARASWATHIPURAM POLICE STATION, MYSURU, REPRESENTED BY STATE PUBLIC PROSECUTOR OFFICE, HIGH COURT BUILDING, BENGALURU-560 001. ...PETITIONER (BY SRI ROHITH B.J., ADVOCATE) AND:
MAHESH @ PAYASA, S/O MAHADEVASWAMY, AGED 24 YEARS, RESIDING AT DOOR NO.89/B, 2ND CROSS, 12TH MAIN, T.K. LAYOUT, MYSURU. ...RESPONDENT (Notice to Respondent is dispensed with vide court order dated 13.11.2019) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF CR.P.C PRAYING TO CANCEL THE BAIL ORDER DATED 05.02.2019 IN CRL. MISC. NO.177/2019 PASSED BY THE I ADDITIONAL SESSIONS JUDGE, MYSURU IN CONNECTION WITH CR.NO.12/2019 OF SARASWATHIPURAM POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 141, 143, 144, 147, 148, 341, 323, 307, 504 AND 506 R/W 149 OF IPC AND DIRECT THAT RESPONDENT/ACCUSED BE ARRESTED AND COMMITTED TO CUSTODY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is filed by the State for cancellation of bail granted by the First Additional Sessions Judge, Mysuru in Crl.Misc.No.177 OF 2019 in favour of the respondent-accused.
2. Heard and perused the records. On careful perusal of the order, the Trial Court has considered the entire factual matrix of the case and the condition of the complainant and as well as the accused being arrested on 19.11.2019 and since then, he has been in judicial custody. The offences are under Sections 141, 143, 144, 147, 148, 341, 323, 307, 504 read with Section 149 of IPC, which are not compulsorily punishable either with death or imprisonment for life. The apprehension of the prosecution has been considered and conditions have been imposed by the Trial Court in enlarging the respondent on bail. I do not find any strong reasons to cancel the bail as prayed, particularly, when the bail was granted under Section 439 of Cr.P.C. Hence, the petition is devoid of merits and the same is liable to be dismissed and accordingly, it is dismissed.
Sd/- JUDGE DH