IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4523/2019 BETWEEN:
MOHANA, S/O SURESH RAO, AGED ABOUT 22 YEARS, R/O BAGEWADI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577017.
(BY SRI S.G. RAJENDRA REDDY, ADVOCATE) AND:
1. STATE BY S. H. O., HONNALI POLICE STATION, DAVANAGERE DISTRICT, RPTD BY S. P. P., HIGH COURT, BANGALORE-560 001.
... PETITIONER 2. CHANDRAPPA H., S/O HALASIDDAPPA, AGED ABOUT 31 YEARS, R/AT HURALEHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 017.
(BY SRI HONNAPPA, HCGP. FOR R1 ) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.127/2016 OF HONNALI P.S., DAVANAGERE FOR THE OFFENCE P/U/S 506, 366, 376 OF IPC AND SECTION 6, 17 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1 - State. Perused the records.
2. The records disclose that 17 witnesses have already been examined before the Trial Court in S.C.No.107/2016. It appears the matter is at the fag end of the trial. It is not the stage where the Court can appreciate the evidence recorded by the Trial Court.
3. Under the above said circumstances, I do not find any reasons to entertain the petition. Though the learned counsel for the petitioner tried to convince this Court that there are contradictory version of the witnesses available, but the said submission may be made before the Trial Court at the time of arguments on merits. Hence, the petition being devoid of merits, is liable to be dismissed and accordingly dismissed. However, the Trial Court is hereby directed to expedite the trial and dispose of the case expeditiously.
Sd/-
JUDGE PKS