Sri Hemantha vs State Of Karnataka
2022 Latest Caselaw 8119 Kant

                             1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 3RD DAY OF JUNE, 2022

                          BEFORE

      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

         CRIMINAL PETITION NO.1795 OF 2022

BETWEEN

SRI HEMANTHA
@ HEMANTH KUMAR T.N.,
S/O. NINGAIAH,
AGED ABOUT 24 YEARS,
R/O. THOPPANAHALLI VILLAGE,
KASABA HOBLI, MADDUR TALUK,
MANDYA DISTRICT - 571 428.                     ... PETITIONER

[BY SRI. SANJEEV B.L., ADVOCATE]

AND

STATE OF KARNATAKA
BY MADDUR POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.                          ... RESPONDENT

[BY SRI. KRISHNAKUMAR K.K., HCGP FOR R.1/STATE;
 SRI. TEJAS N., ADVOCATE FOR DEFACTO COMPLAINANT]

                            ***
      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.444/2018 OF MADDUR P.S., MANDYA, FOR THE OFFENCES
P/U/S 143, 146, 148, 341, 307, 302, 120-B AND 201 R/W SECTION
149 OF IPC ON THE FILE OF THE IV ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MANDYA IN S.C.NO.65/2019.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                 2




                         JUDGMENT

This is a successive bail petition filed by accused

No.6 in S.C.No.65/2019 pending on the file of IV

Additional District and Sessions Judge, Mandya, arising

out of Crime No.444/2018 of Maddur Police Station.

2. Charge sheet has been filed against accused

Nos.1 to 7 for the offences punishable under Sections

143, 146, 148, 341, 307, 302, 120B, 201 read with 149

of IPC.

3. The petitioner has unsuccessfully approached

this Court in Criminal Petition Nos.7231/2020 and

4807/2019.

4. The learned counsel appearing for the

appellant submits that the petitioner is languishing in

judicial custody from 03.01.2019 and so far the trial has

not commenced.

5. He submits that the petitioner may be given

liberty to file a fresh petition before the Sessions Court, if

the trial does not commence within a reasonable time.

6. It is not forthcoming as to why there is delay

in commencement of the trial. It is submitted by the

learned High Court Government Pleader that the charges

are already framed. In that view of the matter, it is just

and proper to permit the petitioner to file a fresh petition

before the Sessions Court to seek bail on the ground of

delay in trial. If any such petition is filed, the learned

Sessions Judge shall consider the same and dispose it of

in accordance with law.

SD/-

JUDGE

HB/-