IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION No.4142 OF 2019 BETWEEN:
Yogesha @ Yogi, Aged 22 years, S/o. Dharmaraj, R/at Near Mulkatamma Temple, Gangondanahalli, Dasanapura Hobli, Bengaluru North Taluk, Bengaluru-560 073. .. Petitioner ( By Sri. Chandrahasa Rai B, Advocate) AND:
The State of Karnataka, By Tavarekere Police Station, Ramnagara District, Rept. By State Public Prosecutor, High Court Building, Bengaluru-560 001. .. Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.256/2017 (S.C.No.99/2017) of Tavarekere Police Station, Ramanagara for the offence punishable under Section 143, 147, 148, 114, 120B, 307, 302 Read with 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Heard submission of learned counsel for the petitioner.
2. The present petition is the third successive bail petition of accused No.11 filed under Section 439 of the Code of Criminal Procedure. He has been charge sheeted for the offences punishable under Section 143, 147, 148, 114, 120B, 307, 302 R/w Section 149 of the Indian Penal Code in the respondent station in crime No.256/2017.
3. Since it is the third successive bail petition of the present petitioner, the prosecution case need not be revisited, suffice it to look for any changed circumstance.
4. Learned counsel for the petitioner in his argument submits that on 21.05.2019 when this Court dismissed the second bail petition of the present petitioner in Criminal Petition No.2855/2019, he could not appear before the Court. However, his colleague could not place the matter clearly.
5. He further submits that accused Nos.1 and 6 have been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Petition Nos.2250/2019 and 2251/2019 on 26.04.2019, with this background of parity, he requests this Court for enlargement of the petitioner on bail.
6. A perusal of the material placed before this Court would go to show that the present petitioner was earlier enlarged on bail by this Court in Criminal Petition No.2542/2018 on 23.04.2018 which was much prior to the alleged enlargement of accused Nos.1 and 6 under Criminal Petition Nos.2250/2019 and 2251/2019 on 26.04.2019. However, since the present petitioner failed to appear before the Court on the date of hearing, thereby caused delay in the proceedings of the Court, his presence was secured only by executing a non- bailable warrant on 11.02.2019. His subsequent bail application before the learned Sessions Judge also came to be rejected. It is thereafter, he had preferred his previous bail petition i.e., Criminal Petition No.2855/2019.
7. Considering all those aspects and more particularly after making an observation that if he is enlarged on bail once again, it will be difficult for securing his presence for the trial before the Sessions Court, this Court has rejected his previous bail petition i.e., Criminal Petition No.2855/2019 on 21.05.2019. As such, the alleged parity canvassed today would not enure to the benefit of the petitioner. Suffice it to say that after rejection of the previous bail petition on 21.05.2019, since admittedly there is no changed circumstance, the present petition does not deserves to be allowed.
Accordingly, the petition stands dismissed.
Sd/- JUDGE PN/