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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2018
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.6200/2017
BETWEEN:
Devaraju
S/o Late Eraiah
Aged about 49 years
R/o Hoovinabeedi
Pandavapura Town-571432 … Petitioner
(By Sri P.Prasanna Kumar, Advocate)
AND:
State of Karnataka by
Pandavapura Police Station
Mandya District -571432
Rep. by its SPP,
High Court of Karnataka
Bengaluru – 560 001 … Respondent
(By Sri S. Vishwa Murthy, HCGP)
This Criminal Petition is filed under section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.34/2016 of Pandavapura Police Station, Mandya District
for the offence punishable under Sections 498A and 302 of
IPC.
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This criminal petition coming on for orders this day,
the Court made the following:
ORDER
This is a petition under Section 439 Cr.P.C.
2. Heard the petitioner’s counsel and the learned
High Court Government Pleader for respondent-state.
3. The petitioner is facing trial in
S.C.No.5006/2017 on the file of III Additional Sessions
Judge, Mandya sitting at Srirangapatna in connection with
the offences punishable under Sections 498A and 302 of
IPC. This Court rejected the Criminal petitions, namely,
Crl.P.No.5841/2016 and Crl.P.No.9596/2016, filed by the
petitioner on earlier occasions. Now, the petitioner’s
counsel submits that 11 prime witnesses who have been
examined before the trial Court have turned hostile and
therefore, the petitioner is entitled to be released on bail.
According to him, this is change in circumstance for
claiming bail.
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4. Learned High Court Government Pleader
opposes the grant of bail by submitting that till the entire
trial is over, bail cannot be granted.
5. Though the prime witnesses have turned
hostile, it is for the trial Court to appreciate the evidence.
If this reason is taken in to consideration for grant of bail,
it amounts to appreciating the evidence given before the
trial Court. This Court cannot appreciate the evidence
while deciding the bail application filed under Section 439
Cr.P.C. I do not find change of circumstance. Petition is
dismissed.
Sd/-
JUDGE
KMV/-
