IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8150/2017 BETWEEN:
TASLEEM PASHA @ TASLEEM S/O BASHA SAB AGED ABOUT 30 YEARS, RESIDING AT NO.9, PATHIYA GALLI, BAJAAR STREET, NEELASANDRA, BANGALORE-560047.
(BY SRI. SHESHADRI G.R., ADV.,) AND:
STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION BANGALORE DISTRICT PIN CODE: 560100.
(BY SRI.CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.305/2009 OF ELELCTRONIC CITY POLICE STATION, BENGALURU AND IN S.C.NO.167/2013 MERGED WITH S.C. NO.279.2011 PENDING BEFORE THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCES P/U/S 143, 144, 147, 148, 120(B), 109, 302, 307, 324 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302, 307, 324 read with 34 of IPC, registered in respondent – police station Crime No.305/2009. After completion of investigation, charge sheet came to be filed for the offence under Section 143, 144, 147, 148, 120B, 109, 302, 307 and 324 read with 149 of IPC.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. The crime in this case is of the year 2009, now we are 2017; even after the lapse of eight years, there is no progress in the said case and it is because of the abscondance of the petitioner. I have perused the order passed by the Court below rejecting the bail application and paragraph No.8 of the said order reads as under:
“8. The order sheet reveals that earlier this accused No.3 was released on bail in Crl.Misc.No.754/2010 vide Order dated 09/06/2010. Then he absconded, warrant was issued and he was arrested on 08/02/2013 and remanded to J.C. After committal of the case, again he moved second bail application, which was allowed vide order dated 01/04/2014. Once again accused No.3 absconded, NBW was issued and he was taken to custody. Again he filed the bail application and it was allowed subject to condition on 02/08/2014 and he was released on bail. Once again he remained absconded from the year 2015 and NBW was issued repeatedly against him, but he could not be secured till 14/07/2017. On that day, the accused No.3 was arrested by the Police under NBW, he was produced to the court and he was taken to custody and remanded to judicial custody. Now, this is the fourth bail application filed for accused No.3.”
5. Therefore, looking to the conduct of the petitioner, he is not entitled to be released on bail. No merit in this petition, accordingly, same is hereby rejected.
Sd/- JUDGE BSR