Sunil Bhadur Shahi vs State Of Karnataka
2022 Latest Caselaw 12210 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 28TH DAY OF SEPTEMBER, 2022

                      BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

       CRIMINAL PETITION No.8831/2022


BETWEEN:

SUNIL BHADUR SHAHI
S/O. KUMYA SHAHI
AGED ABOUT 25 YEARS
R/AT : # 139, 2ND FLOOR
HARUN RASHIDI BUILDING
SHAMIYAL PUBLIC SCHOOL
KITAGANUR MAIN ROAD
K.R. PURAM
BANGALORE - 560 016.                 ...PETITIONER

(BY SRI M. KRISHNE GOWDA, ADVOCATE)

AND:

STATE OF KARNATAKA
STATE BY KORAMANGALA P.S.
REPT. BY HIGH COURT GOVT PLEADER
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.             ...RESPONDENT

(BY SRI KRISHNA KUMAR K.K., HCGP.)
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       THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING THAT THIS HON'BLE COURT MAY
BE PLEASED TO ENLARGE THE PETITIONERS ON BAIL IN
CR.NO.275/2020     OF   KORAMANGALA         POLICE    STATION,
BENGALURU CITY (S.C.No.553/2021, PENDING BEFORE
THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDTGE
(CCH-64) BENGALURU) FOR THE OFFENCE PUNISHABLE
UNDER SECTION 397 OF IPC.

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


                        ORDER

This successive petition is filed by the

petitioner/accused No.7 under Section 439 of Cr.P.C.,

seeking regular bail in Crime No.275/2020 registered

by Koramangala Police Station, Bengaluru City in

S.C.No.553/2021 pending on the file of LXIII Additional

City Civil and Sessions Judge (CCH-64) at Bengaluru

City, for the offence punishable under Section 397 of

IPC.

2. Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader

for the respondent-State. Perused the entire petition

papers.

3. The case of the prosecution is that

petitioner/accused No.7 was arrested in respect of the

said case for the offence punishable under Section 397

of IPC on the ground that petitioner and others

committed dacoity. This Court vide order dated

10.02.2022 dismissed the petition on merits and a

direction was issued to dispose of the case within six

months from the date of receipt of a copy of the order.

4. The learned counsel for the petitioner submits

that six months has already elapsed and the trial is not

yet concluded and that the case is not yet disposed of

by the trial Court.

5. On the other hand, learned HCGP for the

respondent/State submits that trial is already

concluded and 313 Cr.P.C. statement also is recorded.

The case is set down for furnishing surety by the

accused No.7 under Section 437A of the Code of

Criminal Procedure for the purpose of hearing and

passing the final judgment.

6. Considering the submission of learned counsel for

both the parties, when the matter is set down for

furnishing surety, if the petitioner furnishes surety

today or within a couple of days, the trial Court may

dispose of the matter within 15 to 20 days. Such being

the case, I am of the view, at the fag end stage of the

trial and even after conclusion of trial, if the petitioner

is granted bail, definitely it would lead to delay in

disposing of the case, in spite of this Court issuing

direction to the trial Court.

7. Therefore, this petition is dismissed. The trial

Court is directed to dispose of the matter immediately

after obtaining the surety and hearing the arguments.

The learned counsels shall not seek unnecessary

adjournments.

SD/-

JUDGE

NG*