IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.494 OF 2019 BETWEEN:
SRIDHAR, S/O LATE MURUGESH, AGED ABOUT 25 YEARS, R/AT ANANDAMMA’S HOUSE, NEAR MARIYAMMA TEMPLE, 9TH CROSS, PILLA REDDY NAGARA, O.M.B.R. LAYOUT, BANASWADI, BENGALURU – 560 043.
... PETITIONER (BY SRI. M.LOKESH BABU, ADV.,) AND:
STATE OF KARNATAKA, BY RAJAGOPALANAGARA POLICE STATION, BENGALURU – 560 058.
REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
…RESPONDENT (BY SRI. K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.289/2018 OF RAJAGOPAL NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 363, 366, 376 OF IPC AND SEC.6 OF POCSO ACT 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard learned counsel for the petitioner.
2. At the time of submitting the arguments learned counsel for the petitioner submitted that before the trial Court the evidence in the case has already begun and two witnesses have already examined and they have not supported the case of the prosecution. Under the above said circumstances, he prays for releasing of the accused on bail.
3. Only after conclusion of the trial Court, this Court may be in a position to assess what exactly the case of the prosecution ie., whether it is proved or not. It is an half baked case and this Court cannot appreciate the evidence on record without completion of the trial. Otherwise, it would cause prejudice to either of the parties before the trial Court.
4. Under the said circumstances, it is just and necessary to dismiss the petition with a direction to the trial Court to complete the trial as expeditiously as possible, preferably within three months from the date of receipt of a copy of this order.
With the above said observation, the petition is dismissed.
Sd/-
JUDGE GH