Karnataka High Court Kallappa S/O. Mallappa Hakki vs The State on 10 April, 2014Author: K.N.Phaneendra
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2014 BEFORE
THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO. 100653/2014 BETWEEN:
KALLAPPA S/O. MALLAPPA HAKKI
AGE: 25 YEARS, OCC: AGRICULTURE R/O. BARADI, TQ:DIST : HAVERI. … PETITIONER
(BY SRI SHIVASAI M PATIL, ADVOCATE) AND :
BY GUTTAL POLICE
R/BY THE STATE PUBLIC PROSECUTOR, HAVERI
(BY SRI VIJAYAKUMAR MAJAGE, HIGH COURT GOVERNMENT PLEADER)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.96/2012 I.E., GUTTAL POLICE STATION, CRIME NO.125/2012 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498A, 304B R/W SEC. 34 OF IPC AND SECTIONS 3 & 4 OF DP ACT, ON THE FILE OF I ADDL. DIST. & SESSIONS JUDGE, HAVERI.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent – State. Perused the records.
2. The petitioner is arrayed as accused No.1 in S.C. No.96/2012 for the offences punishable under Sections 498A and 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’ for brevity) and Sections 3 and 4 of Dowry Prohibition Act. After commencement of trial i.e., after examining P.Ws. 1 to 9, petitioner and another person by name Mallappa have filed an application for grant of bail under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’ for brevity). The trial Court after considering the age of accused – Mallappa and also his overt act has allowed the application and released him on bail. The trial Court 3
without expressing its opinion about the evidence recorded against the petitioner has rejected the bail petition.
3. The learned High Court Government Pleader contends that P.W.3 has strongly supported the case of prosecution. Hence, the opinion of trial Court cannot be expected at this stage. Accordingly, prays for rejection of bail.
4. Under the above said circumstances, I do not find any strong reason to allow the petition. However, trial Court is directed to take up the matter expeditiously and dispose of the same at the earliest i.e., not exceeding four months from the date of receipt of this order. With these observations, petition stands dismissed.
Office is directed to send a copy of this order to the trial Court forthwith for compliance. Sd/-