Byra @ Gunda vs State Of Karnataka By on 22 February, 2013

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Karnataka High Court

Byra @ Gunda vs State Of Karnataka By on 22 February, 2013

Bench: K.Sreedhar Rao

                             1
   IN THE HIGH COURT OF KARNATAKA AT BANGALORE
        DATED THIS THE 22nd DAY OF FEBRUARY 2013
                         BEFORE
THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE
                CRL.PETITION No.7802/2012

BETWEEN :

BYRA @ GUNDA
S/O LATE GOPALA
AGED ABOUT 25 YEARS
R/A SIDDAPPAJI TEMPLE
8TH CROSS, SUNNADAKERI
K R MOHALLA
MYSORE-570001
                                             ... PETITIONER

(By Sri M SHARASS CHANDRA, ADV.,)


AND :

STATE OF KARNATAKA BY
K R POLICE STATION
REPRESENTED BY SPP,
BANGALORE-560001
                                            ... RESPONDENT

(By Sri S. DORE RAJU, SPP)


      THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETR.
ON BAIL IN CR.NO.110/12 OF KRISHNARAJA P.S., MYSORE
CITY, FOR THE OFFENCES P/U/S 394 OF IPC.


     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
                                   2
                           ORDER

The accused-petitioner is charged for committing an offence under Section 394 of IPC. The accused-petitioner and another accused are alleged to have assaulted the complainant with iron rod on his right hand and neck, robbed Nokia Mobile Phone and Rs.1,500/- from his pocket. Upon peoples' approach, the accused fled away from the scene. The accused are known to the complainant. The Sessions Judge at paragraphs-9 and 10 of the order has made the following observations for rejecting the bail;

" 9. But, this Court does not propose to accept the contention of the petitioner for the obvious reason that the petitioner is a rowdy sheeter and is involved in series of cases, list of which is furnished here-below;

1) Cr.No.23/2009 for the offences under Sections 504, 323, 506 IPC.

2) 171/09 for the offences under Sections 504 and 506 IPC.

3) 175/09 for the offence under Section 307 IPC.

4) 176/09 for the offences under Sections 307, 394 IPC.

5) 200/10 for the offence under Sections 324 and 506 IPC.

6) 206/10 for the offences under Sections 504, 307 IPC.

7) 182/11 offences under Sections 341, 504, 323, 324, 506(B) R/W 34 IPC.

10. It is relevant to mention here that on previous occasion the petitioner was found guilty for an offence under Section 307 IPC and was sentenced to undergo S.I for a period of 1½ years. This sentence is suspended and he is on bail. A perusal of list of cases would reveal that 3 accused/petitioner has abused liberty given to him by the Courts in granting bail and suspending the sentence. Even after conviction in one of the cases, he has not mended his behaviour and he has continued to extort money from the innocent public. Release of accused of this nature sends wrong signal to the society and it virtually amounts to giving him license to repeat such or similar incidents. By the very fact that he is involved in series of cases, it cannot be inferred that even if he is released on bail in this case, he continues to repeat such or similar crimes. He appears to be the menace to the society and his act has great impact on the society."

2. I find no good ground to differ from the opinion of the Sessions Judge. Hence, the petition is dismissed. The Trial Court shall dispose of the case within six months.

Sd/-

ACTING CHIEF JUSTICE mv

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