Aravind @ Malaichami S/O Ramaswamy vs State Of Karnataka By Mico Layout Police on 22 March, 2010

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Karnataka High Court

Aravind @ Malaichami S/O Ramaswamy vs State Of Karnataka By Mico Layout Police on 22 March, 2010

Bench: Jawad Rahim

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 22"" DAY OF MARCH 2010

BEFORE

THE HON'BLE MR. JUSTICE 3AwAD RA;H"IN;~v.."_.jj  _

CRL._P. No. 704 OF 2OiO_...--«.,.A_:':"~., V 
BETWEEN:   ~ 

ARAVIND @ MALAICHAMI

S/O RAMASWAMY, 3 4_

AGED ABOUT 23 YEARS,

R/AT 2"" GALLI, \/ERAAR'G;RAM

POST AND TALUK, PALGARDIST,

MAHARASTRA STATE.   

(NOW IN JUDICIAL CUSTODY    ,

CENTRAL PRISON.,.._13AN(3AL,OF{E) ; ---- 

    _  ~   PETITIONER

(BY SRI k§:;S.VvISHwA'NAT''H_ '& GANGADHARAPPA,
ADVR) "" *~?'--Q»_="=' I

AND:

STATE OF I<ARONATAI<AG_C  ' ~'
BY MICQ LAYOUT POLICE '
'(REPRESENTED BY s"'IA.TE-

PUBLIC' PROSE_CuTO R)
  B'    RESPONDENT

(B"{_S-RI. P;vM';[\3_AVAZ, ADDL SPP.) =i<** FILED U/S.439 CR.P.C PRAYING TO ENLARGE

-._QTHE.__P'ETITIO~§\EER ON BAIL IN CRIME NO445/O8 OF MICO

-- VLAYOUT'P.S.;'BANGALORE CITY, WHICH IS PENDING IN S.C NO..? 7"/2009 ON THE FILE OF THE P.O., FTC --x, ""=,BANGALORE CITY, WHICH IS REGD. FOR THE OFFENCE 9% FVLUS 397,3o7,323,324 OFIPC RAN 3,2s,27 or ARMS ACT. », T}ﬁS PETNTON IS COMING om FOR oaasas Tans DAYTYESCOURTMADETHEFOU£WWNG:~ "*««-n.i oRoER""~. s ' Petitioner is facing charge foiﬁthe offehrgeiéounjigshabillei. underSecUons 397,3o7,3247& 323iPt aha seguonsza 25 and 27 of the Indian A._rifi1s .-§:.ct;,-'. judicial custody he is seeking grantof bai'!...$...:._

2. 5"ifvshorpsetufaniféase_is that ori O1--08w2008 the house the petitioner gained' the calling bell and after enteringVVV'im,to'v threat to cause bodily harm to 3_l§il'aT1_9a|ah'S'r§..ni_vasani He did in fact, assault her. At ' .-tha~t1 ju:'nctur'e~-_her husband also appears to have returned .'h»o'n"ie ariV':i'j__e:'nVtered the house using spare key. Petitioner dealt also in the same manner and when he tried to ré's..iAst he fired at him with revolver in his possession. V§Though the revolver shot did not injure her he husband tied them, holding threat at gun point. Thereafter, he (jllb 2;.) committed robbery robing gold articles, cash, etc. The neighbours, who heard gun fire rushed to the and noticed them. The petitioner tried to escape;""bu.t',--.'._he apprehended by the public and detained._.~V--En.fQrrna:tilor:»wa§k..,,,,. given to police, who reached the :to '' custody. Since then he is in.»judicialV"cus'tody,3

3. The learned.' counsei,_:for"-~petihtion'e.r submits that petitioner is bonafide near the house of the Comp,la~i:nva:-nt house to supply the ordered .the Complainant did not give:h'in'1' ar'ti'c»l--e's, there was altercation in assaulted him. He was handgedoi/'e.r locai police rnis-representing the e..f?i'i.re in c.i_dent."' « ..... .. s it Thiese grounds do not constitute as sufficient g'i'oun._ds-toiadmit the petitioner on bail. As could be seen .. from "the other attending circumstances, petitioner himself ";:'re.ii'es on the ballistic report, which bears testimony to the fact that revoiver in question was used for firing cartridge. Though it was not in proper working condition but cartridge has been fired. It amounts to homicidal attempt. VI--t___shows attempt of the accused to kiil. Hence, I find n'ods.i:i,:ff:i'ci.ent ground to admit him to baii.

5. Be that as it may, I 1-;jdowr§'o't wish-;to,:'ex_pres«s l'a"nyl7, V opinion on merits of the, case._a's_ the',_jtriai'~ h'as'~.,not commenced. For over a perio'drof two triai Court has not yet commeri'ced. ."i"herei'oVre,,_Ait wiiI"i:ie proper to direct the trial Court to eatpeltiitey th.e"'tAriazl_'_'and complete the same expedi.ti'ous;jiy. {this wili'i4.a'ccjr*u,e'___tfoVthe benefit: of the petitio'neraisij:"-th'e.V_'prose'cution. Hence, the foiiowing orderlfp l' l '.fg'oRDER "Tithe petition' is disposed of for the present deciining to 'g.rar.t_Fi::ai!.,hut directing the triai Court to expedite triai in and to complete the same within an outer iirﬁit of two' months from the date of receipt of the Copy of V ~thi_s order. In case trial is Hot compieted with such period, <§W:/ 'J1 the accused may apply for bail, which shall be considered keeping in mind all these circumstances. S5./'T4 Hb

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