Karnataka High Court
Anjinappa vs The State Of Karnataka on 8 December, 2021
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.7555/2021
BETWEEN:
ANJINAPPA
S/O VENKATASWAMAPPA
AGED ABOUT 56 YEARS
R/AT VAGATA VILLAGE
HOSAKOTE TALUK-562 114
NOW RESIDING AT BENDAGANAHALLI VILLAGE
MANDURU POST
HOSAKOTE TALUK 562 114
...PETITIONER
(BY SRI. PRATHAPA.R: ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY MALUR POLICE STATION
BANGALORE
REP. BY SPP
HIGH COURT COMPLEX
BANGALORE-560 001
...RESPONDENT
(BY SRI. KRISHNA KUMAR K.K: HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.111/1995 (S.C.NO.112/2021 ON
THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
KOLAR) MALUR POLICE, KOLAR DISTRICT FOR THE OFFENCE
P/U/S 143,144,147,148,149,323,324,307,302 OF IPC AND
SEC.3, 4, 5 OF EXPLOSIVE SUBSTANCES ACT.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused
No.14 under Section 439 of Cr.P.C., for granting
regular bail in Crime No.111/1995 registered by Malur
Police Station, pending in S.C.No.112/2021 on the file
of the Principal District and Sessions Judge at Kolar, for
the offences punishable under Sections 143, 144, 147,
148, 149, 323, 324, 302 of Indian Penal Code and
Sections 3, 4 and 5 of Explosive Substance Act.
2. Heard the arguments of learned counsel for
the petitioner and the learned High Court Government
Pleader for the respondent-State.
3. The case of the prosecution is that, Malur
police have registered the case against the petitioner
and others for the above said alleged offences in Crime
No.111/1995 for having committed double murder and
also attempted to commit murder of a person. During
the investigation, there were 13 accused persons have
been apprehended but this petitioner was absconding,
then the case was split-up against him and the trial
was held against accused Nos.1 to 13 in
S.C.No.136/1995 and the Court has acquitted the said
accused persons dated 31.10.2003. The same was
appealed before this Court by the State wherein this
Court has set-aside the judgment of acquittal and
convicted accused Nos.1 to 12 and sentenced to life
and the same was conferred by the Hon'ble Supreme
Court in the year 2017 recently on 28.06.2021. The
police have apprehended this petitioner and later he
was remanded to judicial custody. The petitioner has
moved the bail petition before the Sessions Judge,
which came to be rejected. Hence, the petitioner-
accused No.14 is before this Court.
4. Upon hearing the arguments of learned
counsel for the petitioner, learned High Court
Government Pleader and on perusal of the records, it
reveals that, Of course, the co-accused persons who
are having similar allegations, accused No.13 said to be
acquitted by the High Court and same was conferred by
the Hon'ble Supreme Court. However, the petitioner-
accused was successfully absconded for more than 25
years and recently he was apprehended by the police.
At the time of incident his age may be 30 years now
the petitioner is aged about 56 years. The co-accused
persons found guilty and they were in judicial custody.
Of course, accused No.13 was acquitted by the Court,
however, the petitioner was absconding and dragged
the proceedings for more than 25 years. Such being
the case, if bail is granted to the petitioner there is
every chance of abscond and tampering the
prosecution witnesses is not ruled out. Therefore, I am
of the view that this petitioner is not entitled for bail.
Hence, I pass the following:
ORDER
The criminal petition is dismissed.
Sd/-
JUDGE
SKS
