MUBARAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Explanation from the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru along with enclosures is received. Explanation of the Presiding Officer is also secured. Considered the same.

(2.) Petitioner is shown as accused no.4 in the charge sheet filed by the respondent-police in Crime No.191/2016 for the alleged offences punishable under Sections 120B , 114 , 143 , 147 , 148 , 302 & 149 of IPC.

(3.) On dismissal of the application filed by the petitioner for grant of bail, at the first instance, petitioner/accused no.4 approached this Court in Criminal Petition No.4743/2017. However, the said petition came to be dismissed as withdrawn with liberty to the petitioner to move fresh bail petition before the trial court after the evidence of material witnesses is recorded. The records indicate that no material witnesses having been examined before the trial court, petitioner was constrained to approach this Court over again by filing a petition under Section 439 of Cr.P.C. in Criminal Petition No.8457/2017 and by order dated 08.12.2017, the said petition was also rejected and the concerned Sessions Court once again was directed to take up the matter on priority basis and to dispose of the case as early as possible. Since the said direction was also not complied with, another application was filed by the petitioner before this Court in Criminal Petition No.3401/2018 and by order dated 22.06.2018, the petition was disposed of with a direction to the trial court to take up the trial on day-to-day basis as mandated in Section 309 of Cr.P.C. and conclude the trial within six months from the date of the order. The petitioner/accused no.4 was given liberty to move a fresh bail petition after recording evidence of the material witnesses as ordered in Criminal Petition No.4743/2017 dated 14.09.2017. In spite of this direction, the trial court having failed to show any progress in the case, once again the petitioner has approached this Court seeking his release on bail.