IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6473 OF 2017 BETWEEN:-
VASU SAJJU @ SAJJU S/O VASU AGED ABOUT 24 YEARS NO.2-94, GUTHALAPPALI, GUDIPALLI MANDALA KUPPAM POST 517325 (CHITTOOR DIST -AP) ... PETITIONER (By Sri: S NAGARAJ, ADVOCATE) AND:
STATE BY RAMANAGARA RURAL POLICE REP BY SPP HIGH COURT OF KARNATKA BANGALORE 560001. ... RESPONDENT (By Sri:K.NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.111/2015 (S.C.NO.68/2015) OF RAMANAGARA RURAL P.S, RAMANAGARA FOR THE OFFENCE P/U/S 120B,302 R/W 34 OF IPC. THE III ADDL. DIST.AND S.J., RAMANAGARA HAS REJECTED THE BAIL PETITION ON 22.07.2017 IN S.C.NO.68/2015.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent.
2. The learned counsel for the petitioner submits that this is the first petition moved by the petitioner seeking regular bail under section 439 Cr.P.C. aggrieved by the order dated 22.07.2017 passed by the trial court in rejecting his application under section 439 Cr.P.C.
3. The records reveal that prior to the rejection of the said application by the trial court, the petitioner had approached this Court in Cr.P.No.8381/2015, which came to be dismissed as withdrawn by order dated 21.03.2016. The subsequent petition filed by him in Cr.P.No.5288/2016 came to be dismissed for non- prosecution. Thereafter, the petitioner presented another petition in Crl.P.No.4396/2017. The said petition was dismissed as not pressed reserving liberty to the petitioner to challenge the order passed by this Court in previous petition viz., Crl.P.No.1304/2017 dated 17.04.2017.
4. The order dated 17.04.2017 in Crl.P.No.1304/2017 was passed on merits. The petitioner appears to have not challenged the said order, instead, has sought to renew the prayer by moving an application before the trial court and once again presented the petition under section 439 Cr.P.C. without making out any changed circumstances. Since Crl.P.No.1304/2017 was dismissed on merits, I do not find any reason to entertain this petition.
5. Hence, the petition is dismissed.
Sd/- JUDGE *mn/-