Karnataka High Court
Sanju S/O Pundalik Metri vs The State Of Karnataka on 19 January, 2016
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JANUARY 2016
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION No.201126/2015
Between:
Sanju S/o Pundalik Metri
Age: 35 years, Occ: Lorry driver
R/o Changlera, Tq. Humnabad
District Bidar
...Petitioner
(By Sri Sharanabasappa K. Babshetty, Advocate)
And:
The State of Karnataka through
Chincholi Police Station
...Respondent
(By Sri Sheshadri Jaishankar M., HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail, in Sessions
Case No.226/2015 pending on the file of IV-Additional
Sessions Judge at Kalaburagi, which is registered for the
offences punishable under Sections 341, 394, 109 of Indian
Penal Code.
This Criminal Petition coming on for Orders this day,
the Court made the following:
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ORDER
Heard Sri Sharanabasappa K. Babshetty, learned Advocate appearing for petitioner and Sri Sheshadri Jaishankar M., learned High Court Government Pleader appearing for respondent-State. Perused the records.
2. This petition is filed under Section 439 of Cr.P.C., for grant of bail by accused No.1 contending that he is innocent of the offences; since 28.04.2015 he has been in judicial custody and accused Nos.2 to 4 in S.C.No.197/2013 have already been released on bail. Hence, learned Advocate for petitioner prays for petitioner being enlarged on bail. He would also hasten to add that petitioner would abide by any stringent conditions that may be imposed by this Court and on account of petitioner alone being the earning member of the family, he prays for petitioner being enlarged on bail.
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3. Per contra, Sri Sheshadri Jaishankar M., learned High Court Government Pleader would also submit that petitioner was absconding on more than two occasions and on account of petitioner absconding for more than eight years split up charge sheet was filed and as such, he contends that if petitioner is enlarged on bail, he is likely to abscond yet again and flee from justice. On these grounds, he prays for rejection of the petition.
4. Perusal of the records would indicate that on 28.02.2007 complaint came to be lodged by one Sri Tippanna alleging that on 26.02.2007 while he was driving his lorry as its driver on Chincholi Manna- Ekkelli Road accused No.1 and accused Nos.2 to 4 had stopped said lorry and had entered the cabin and assaulted the complainant with sickle and robbed cash as well as his mobile. Accused Nos.2 to 4 and petitioner were apprehended and they were enlarged on bail on 4 01.03.2007. During the pendency of C.C.No.26/2013 petitioner was absconding and as such, split up case against other accused came to be committed before Principal District and Sessions Court, Kalaburagi, and later on, split up charge sheet was filed for the offences punishable under Sections 341, 394 and 109 of IPC before JMFC Court was filed subsequently, petitioner was arrested on 10.04.2014 and was enlarged on bail on 03.05.2014. Again he remained continuously absent. Hence, non-bailable warrant was issued. It was duly executed on 28.04.2015 and petitioner was apprehended and has been in judicial custody since then. This would only indicate that petitioner has been absconding on more than one occasion. As contended by learned Advocate appearing for petitioner, he being a lorry driver and having past history of absconding himself from justice which resulted in filing of split up charge sheet and administration of justice had come to a grinding halt, this Court is of the considered view that 5 if petitioner is again enlarged on bail, he is likely to abscond for fourth time. Hence, criminal petition is hereby dismissed.
In view of the fact that petitioner has been in judicial custody from 28.04.2015, jurisdictional Court shall conclude the trial expeditiously, at any rate, within nine months from today.
Registry to communicate this order to the jurisdictional Court.
Sd/-
JUDGE NB*