Karnataka High Court
Dayananda Swamiji vs State By Siddapura Police Station on 2 July, 2013
Author: H N Nagamohan Das
Bench: H.N. Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2ND DAY OF JULY, 2013
BEFORE
THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS
CRIMINAL PETITION NO.3757/2013
BETWEEN
DAYANANDA SWAMIJI
AGED ABOUT 54 YEARS,
S/O. VARADARAJA SHETTY,
# 274,MARUTHINAGAR
HEROHALLI
BENGALOORU-560 003.
... PETITIONER
(BY SRI VINAYA KEERTHI, ADV., FOR SRI
G.S.PRASANNA KUMAR, ADV.,)
AND
STATE BY SIDDAPURA POLICE STATION
REPRESENTED BY THE
PUBLIC PROSECUTOR
HIGH COURT
BENGALOORU-560001.
... RESPONDENT
(BY SRI G.M.SREENIVASA REDDY, HCGP)
***
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.140/2004 OF SIDDAPURA P.S., KODAGU,
MADIKERI, FOR THE OFFENCES P/U/S 142, 143, 147,
148,323, 427, 435 AND 506 R/W 149 OF IPC. AND SEC. 25
OF THE ARMS ACT.
2
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner is the accused in Cr.No.140/2004 for the offences punishable under Sections 142, 143, 147, 148, 323, 427, 436, 506 R/W 149 IPC and Section 25 of the Arms Act.
2. From the date of offence the petitioner is absconding. The split charge sheet filed against the other accused ended in acquittal in C.C. No.649/2005 vide judgment dated 16.02.2005. In the circumstances, the petitioner is before this court for grant of anticipatory bail under Section 438 of Cr.P.C.
3. In identical circumstances, the Supreme Court in the case of DEEPAK RAJAK vs STATE OF WEST BENGAL reported in 2007(3) CRIMES 95 (SC) held that the petitioner is required to surrender before the trial court and seek for the benefit of acquittal.
3
4. In the light of the above, if the petitioner surrenders before the jurisdictional Magistrate and move for regular bail then the same shall be considered as expeditiously as possible preferably on the same day. Accordingly the petition is hereby disposed of.
SD/-
JUDGE VK