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.6594 OF 2017 BETWEEN:-
VENKATESH @ VENKATAGIRI S/O LATE VENKATAIAH AGED 51 YEARS, R/O NO.276, NEAR MUTHUMAARIYAMMA TEMPLE, SANJAYA NAGAR, ASHWATHAPPA GARDEN, BENGALURU-560094. ... PETITIONER (By Sri: VIKAS M, ADVOCATE) AND:
STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU -560001. ... RESPONDENT (By Sri: K.NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.143/2012 (S.C.NO.1049/2012) OF BYATARAYANAPURA POLICE STATION, BANGALORE WHICH IS REGISTERED FOR THE OFFENCE P/U/S 302 OF IPC. THE LII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE HAS REJECTED THE BAIL APPLICATION ON 17.07.2015 IN S.C.NO.1049/2012.
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 only grievance made out by the learned counsel for the petitioner is that even though the petitioner is in custody since 21.04.2012 and the trial has commenced, the accused and the witnesses are not being produced before the trial court, as a result, the trial has been delayed and the petitioner has been languishing in the jail without any fault of him.
3. The learned HCGP submits that he would ensure that the accused is produced before the trial court on every hearing date and the witnesses are also produced for examination by the Investigating Officer on the date of their respective examination as directed by the trial court and that he would issue necessary direction to the Investigating Officer as well as the prosecution department. The submission of the learned HCGP is placed on record.
4. The trial court is directed to expedite the trial. If the trial is not concluded within three months from the date of receipt of the copy of this order, the petitioner is at liberty to move for bail and the learned Sessions Judge shall consider the same as per law.
With these observations, the petition is disposed of.
Sd/- JUDGE *mn/-