IN THE HIGH COURT OF KARNATAKA AT BANGALORE- DATED nus THE 23*" om! 05 AUGUST 2910-1' BEFORE : THE i-lON'Bi.£ MILJUSTICE; N.ANANbA' " 57.1. ' Cr|.P.NQ..§8Q4[ 291g 1 Between : Krishna @ Korangop' . Son of late Subramani' Naidug Aged 42 years; 'V ' Resident of N'o_.9Q8_, g V' 11*" A Cross, _\fy.a1ikaya_l, " " Bangalore. " C .. Petitioner ( By Sri 'Toum*y% Sebastiain',~~.:Si=iC-ounsei, ) i:a'j.a'g'e,HCGP ) _'"'l;his"i'iCriminaliyyfietition is filed under section 439 of '-.C'i-.i?>;C., -.pray«i..ng~__ to enlarge the petitioner on bail in S~.C.~islo.i1.20.[.10j~.p_ending on the file of the Fast Track (S'ess'i--o'ns)' ~'."_(-Zo'i:irt-VH1, Bangalore in Cr.No.186/O9 of Yelai~--..anl<a~~ New Town P.S., Bangalore City, which IS 'yregisteredgfor the offences punishable under Sections 143, 14,7, 14'8,__120(B), 307, 302 r/w. Section 149 of IPC. it = , These Criminal Petitions coming on for orders this day, Court made the following : ORDER
The petitioner in both the cases is common._,»~..VH-eSi~i.s
arrayed as accused No.13 in Crime
Yeiahanka New Town Police Station,__.w.hi__ch is”re’g.i}3teVred”for” ”
the offences punishable under SeE:tioij_’scA.:V1<l'3.,"-1477,'V:"1.48::_,_c
120(3), 307, 302, 109, 201 r/w; se.;tiori'-149
The petitioner is NoV."1"in Crime
No.18S/2010 of iYia|leshyyVa'i'a_nlS"."_Policg'"ggation, which is
registered for theéiojffenceis Sections 364–A,
384, SO6–B oi "
2. have’he’a:rd Sebastian, learned Senior
Counsel a’p.pea_rin’g_ petitioner and the learned
.–vV.§3over’ri,n’lVe’nt Adii/o~cavt_e appearing for the State and I have
tai<.evn«.ti1ro~ugh the investigation records.
A'–.,,The.-inijestigation records reveal that, this petitioner is
a»rrayed"as1'a conspirator in Crime No.186/2009. The incident
A crinie occurred on 27.7.2009. The iearned Senior Counsel
four; the petitioner submitted that the investigation records do
rejected on 1.6.2009. He had stayed away from the process
of iaw with impunity. As on the date of occurrenc~e_:inf'-tyhe
instant case i.e., on 27.7.2009, petitioner was .
4. The statements of cws.34-ianci«35 i.(\ioi;«!d0V’reveal7«thVlat
there was a meeting of accused 12-._.at
Daba on 25.7.2009. These statejmentsyh the’
name of accused No.13,-‘ jthe haés”fi’ied’V: the case
against the petitioner onthe’ statements
made by reveal that
after the date No.13 had provided
money th’e.V:afo’resa’i’dV§accused to enabie them
to absco-n€d.«’. ‘The’V:.cjonfes:sian.al.statement made by the co»
accused in term’s»of– Se_cti’o”n 25 of the Indian Evidence Act,
‘–:y872..”‘:’is_-not».admlilssibievduring triai. Section 25 of the indian
“‘iE§v’ide”r’ice”Act. “readys as under :
09 ‘*-..accused of any offence.”
._ n:_’2’§ : Confession to police officer not
A–.__to be or-oved.~ No confession made to a police
officer shall be proved as against a person
g\} .
However, there is no bar for the investigation officer to
make use of confessional statement for further investi§’a.ti’o.n.
The accused who had been on medical
No.474/2005, shouid have surren*de–red e4so_o’nir%i1r~arte£%;, his if
request for extension of bail was réjVe<itedlV
was arrested on 3o.8.2oo9n,:i'n.V%%crime»sx1§.~s18':2/'zooms off
Hanumanthanagar Police.' Sta&tii.o–=;l:r"s_:'* "The 'a"ccu.se.d§ by not
surrendering before the HCourt"*afi;er vrrlreejection of request
for extension of that he
could away €.from_ V ofil ' impu nlty. Besides
four cases _are'._–vp..endinq"=.a§gair:st the accused. In the
circurnstanc_e's,% the_rQ-.l:.iis n"o.._':c'e'rtainty that the accused wouid
make ;himAself:a».:aiI'ab|eduring trial if he is released on bail.
flTl1eVrVe'fore:;fhé cannot be released .on bail.
Ivniiljrilrtivinal Petition l\io.185/2010 the investigation
'.record's..do.. not make out a prima facie case against the
V' "..pvetitio–neri He is invoived in a heinous offence in the
4"=.___'*~l5'cor'inected Criminal Petition No.3804/2010, for the reasons
7\s. .
“‘bk/ ”
stated Criminal Petition No.3804/2010, the petitionerpannot
be enlarged on bail.
Accordingly, both the petitions are
learned trial Judge shall expedite the “a_ncl’A
shall c0~0perate for expeditious dec;5i’0n”af thee.c~’a5’e’; 2
sax: