IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6657/2019 BETWEEN THIMMESHA @ THIMMA S/O.DEVENDRAPPA, AGED ABOUT 25 YEARS, R/O KONADAJJI, HARIHARA TALUK, DAVANAGERE DISTRICT, DAVANAGERE-577589.
...PETITIONER (BY SRI S G RAJENDRA REDDY, ADVOCATE) AND THE STATE BY S.H.O.
HARIHARA RURAL POLICE STATION, HARIHARA, DAVANAGERE DISTRICT, RPTD. BY S.P.P., HIGH COURT BANGALORE-560001.
(BY SRI ROHITH B J, HCGP) RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.18/2019 (S.C. NO.128/2019) OF HARIHARA RURAL P.S., DAVANAGERE DISTRICT PENDING ON THE FILE OF 1ST ADDITIONAL DISTRICT & SESSIONS JUDGE, DAVANAGERE, IN S.C.NO.128/2019 U/S 341,323,324,504,302,34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. perused the records.
2. The chargesheet papers disclose that the petitioner is accused No.1. On 23.01.2019 there was a quarrel between accused nos.1 to 3 and the mother of the deceased. In this context, it is alleged that accused No.1 who was having a knife with him has actually assaulted the deceased on his left shoulder and also on the chest causing severe injuries which resulted in the death of the deceased.
3. There are eye witnesses to the incident who have specifically spoken to about the quarrel and also accused No.1 assaulting the deceased. The said allegations are also supported by the post- mortem report.
4. Under the above said circumstances, the petitioner, particularly who actually used a deadly weapon like knife and selected the vital part of the body of the deceased, in the presence of the eye witnesses’ in my opinion, he is not entitled to be enlarged on bail.
5. Hence the petition deserves to be dismissed. Accordingly, the petition is dismissed. However, as the accused has been languishing in jail since the date of his arrest, the Trial Court is hereby directed to expedite the trial itself and dispose of the same as expeditiously as possible.
JT/-
Sd/- JUDGE