Prakash Kumbar S/O Ashok Kumbar vs The State Of Karnataka And Anr
2022 Latest Caselaw 11271 Kant

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              IN THE HIGH COURT OF KARNATAKA
                     KALABURAGI BENCH

           DATED THIS THE 03RD DAY OF AUGUST, 2022
                           BEFORE

              THE HON'BLE MR. JUSTICE P.N.DESAI

              CRIMINAL PETITION NO.200690/2022
BETWEEN:

PRAKASH KUMBAR
S/O. ASHOK KUMBAR,
AGE:24 YEARS,
OCC:AGRICULTURE,
R/O. AFZALPUR,
TQ:AZALPUR,
DIST:KALABURAGI - 585301
                                              ...PETITIONERS
(BY SHRI. MAHANTESH H.DESAI, ADVOCATE.)

AND:

1.     THE STATE OF KARNATAKA THROUGH
       AFZALPUR P.S.,
       REPRESENTED THROUGH
       ADDITIONAL STATE PUBLIC PROSECUTOR,
       HIGH COURT OF KARNATAKA,
       BENCH KALABURAGI - 585 104.

2.     SUVARNA
       W/O. MALLIKARJUN KARJAGI,
       AGE:38 YEARS,
       OCC:HOUSEHOLD,
       R/O. INDIRA NAGAR
       AFZALPUR
       TQ:AFZALPUR
       DIST:KALABURAGI - 585301
                                             ...RESPONDENTS

(BY SHRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1;
    SHRI. SHARANAGOUDA V.PATIL, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
THE CODE OF CRIMINAL PROCEDURE, 1973, SEEKING TO RELEASE
THE PETITIONER ON BAIL IN CRIME NO.113/2021 OF AFZALPUR
POLICE STATION, KALABURAGI DISTRICT, FOR THE OFFENCES
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PUNISHABLE UNDER SECTIONS 323, 506, 376(2)(n), 376(3) OF
IPC, PENDING BEFORE THE II ADDL. DIST AND SESSIONS JUDGE
AT KALABURAGI.

     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT PASSED THE FOLLOWING:

                            ORDER

Learned counsel for the petitioner has filed a memo

seeking permission of this Court to withdraw this petition as

not pressed.

2. The said memo which is taken on record, reads

as under:

"That the petitioner does not intended to press the bail petition at this stage. Hence, the same may kindly be dismissed as withdrawn with liberty to file after examination of material witnesses."

3. Learned counsel for the petitioner further stated

that the learned Sessions Judge while rejecting the bail

petition has given liberty to move the bail petition under any

changed circumstances.

4. The learned II Additional District and Sessions

Judge, Kalaburagi in Crl.Misc.No.856/2022 dated 30.05.2022

at paragraph Nos.17, 18 and 19 of the impugned order

observed as under:

"17. In the finding of judgment, the Hon'ble Apex Court states that any prima facie or reasonable ground to believe that the accused has committed the offence, nature and gravity of the accusation, severity of the punishment in the event of conviction, danger of the accused absconding and fleeing and likelihood of offence being repeated, if released on bail has to be looked into. In the present case, the offence alleged against the accused are heinous and punishable with imprisonment for life. The victim only examined in this case, she has supported the prosecution in examination-in-chief. The material witnesses are yet be examined. On the above discussion, it is very clear that while granting or rejecting bail, the judgment of the Hon'ble Apex Court has to be considered. The decision of the Hon'ble Apex Court is clear that granting bail at this stage is not good and proper. Therefore, I feel that at this stage, granting bail is not proper.

18. Thus desisting from holding a mini trial, when the material evidence is cumulatively considered, this court is of the considered

opinion that the accused/petitioner is not entitled to grant of bail at this stage.

19. Suffice to say that the accused/petitioner is entitled to approach this court at a later point of time with successive bail applications if there are changed circumstances in the case. With the above observation and in view of the foregoing discussion, the point framed for consideration is answered in the negative and the following order is passed."

5. Therefore, as per the observations made by

learned Sessions Judge, the petitioner can move for bail

under any changed circumstances. With these observations

and in view of the memo filed by the petitioner, the petition

stands dismissed as not pressed.

Sd/-

JUDGE

HJ