IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3381 OF 2019 BETWEEN:
VENKATARAMANA @ VENKATESH @ BETE S/O M.RAMAIAH, AGED ABOUT 37 YEARS R/AT THURAP GADDA VILLAGE, KAPPADAPALLI POST, BAIRAREDDIPALLI MANDAL, PALAMANDARI TALUK, CHITTUR DISTRICT, CHITTUR-678 102 ... PETITIONER (BY SMT: NAGARATHNA, ADVOCATE FOR SRI: M KRISHNE GOWDA, ADVOCATE) AND STATE OF KARNATAKA STATE OF YELAHANKA P.S.
REPTS BY HIGH COURT GOVT PLEADER, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ... RESPONDENT (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.33/2016 (S.C.NO.951/2016) OF YELAHANKA POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S 302 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This is the 6th petition filed by the petitioner under Section 439 of Cr.P.C. for grant of bail. The first petition filed by the petitioner was rejected on merit by order dated 18.4.2017 in Criminal Petition No.1402/2017. The second petition was moved seeking bail on health grounds. The said petition was also rejected by order dated 14.9.2017 in Crl.P.5510/2017. Thereafter, the petitioner moved another petition in Crl.P.3373/2018 and the said petition was dismissed for non- compliance of office objections. Subsequent petition filed by the petitioner in Crl.P.6949/2018 was dismissed by a considered order on 24.4.2019. Even thereafter the petitioner filed another application in Crl.P.1664/2018 and the said application was dismissed as withdrawn.
2. In the instant petition the petitioner has sought to enlarge him on health grounds as well as on the ground of inordinate delay in completing the trial. There is no material to substantiate the health grounds urged by the petitioners. However, the Superintendent of Prisons is directed to provide effective and timely treatment to the petitioner and if he is found suffering with any serious health issues, the same may be reported to this Court.
Office is directed to furnish copy of this order to the Superintendent of Prisons, Central Jail, Parappana Agrahara, where the petitioner is housed.
The petitioner has not made out any grounds to enlarge the petitioner on bail. However, taking into consideration the fact that the proceedings are pending before the trial Court since 2016, the trial Court is directed to conduct the trial on day-to- day basis and conclude the proceedings within six months from the date of communication of this order.
Petition is disposed of in terms of the above order.
Sd/- JUDGE rs