IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9643 OF 2018 BETWEEN:
SUNDARESH S/O LATE SHIVALINGAM AGED ABOUT 33 YEARS R/AT #63/1, DAVID NILAYA 6TH ‘A’ CROSS, VIGNANANAGARA BENGALURU – 560 075 ...PETITIONER (BY SRI RAM SINGH K., ADVOCATE) AND:
STATE OF KARNATAKA BY BAIYAPPANAHALLI POLICE STATION BENGALURU – 560 038 REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.253/2017 (S.C.NO.572/2018) OF BYAPPANAHALLI POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 323, 302 AND 201 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner had approached this Court along with accused No.2 in Criminal Petition No.3505/2018. When the said petition was taken up for hearing, having regard to the prima facie material produced in support of the accusations made against the petitioner herein/accused No.1, the learned Counsel did not press the petition and accordingly, the petition was dismissed. Even otherwise, it was observed in the said order that the deceased succumbed to the injuries which is attributable to the petitioner herein.
2. Learned Counsel for petitioner has not made out any changed circumstance to entertain the second bail petition. The contentions urged by the petitioner are deemed to have been considered and negatived by this Court on merits. Hence, no ground is made out for grant of bail. However, having regard to the contentions urged by the learned counsel for petitioner, the trial court is directed to expedite the trial.
The petition is dismissed accordingly.
Sd/- JUDGE KNM/-