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Judgment
B.V. Pinto
This petition is filed seeking bail in Crime. No. 128/2009 of Byatarayanapura police station, Bngalore City registered on 09.03.2009 for the offences punishable U/s. 341, 302, 307 r/w Sec 34 of IPC.
Office has stated that, this'' petitioner has approached this Court in Criminal petition No. 5098/2009 in which, case of the petitioner has been considered by this Court in length and the bail petition filed by the petitioner has been dismissed.
Heard Sri. Shaikh Saoud, learned counsel for the petitioner and Sri. Vijaykumar Majage, learned HCGP for the State/ Respondent
Sri Shaikh Saoud learned counsel for the petitioner submits that, petitioner is in custody since March 2009 and that the matter is set for trial and the witnesses including PW. 23, Dr. Gangadhar has been examined before Court; He further submits that, in the cross-examination of PW. 23, it is elicited that the history given to the doctor is assault by Imtiyaaz and the name of this petitioner is not mentioned by the doctor.
Sri. Vijaykumar Majage, learned HCGP on the other hand submits that, there are no changed circumstances in this case and therefore, this Court is precluded from passing an order on the claim of the petitioner which is already rejected by this Court once. He further submits that, evidence of the doctor is a matter of appreciation of evidence and that this Court cannot consider the said facts in this petition.
In view of what is stated above, I. do not consider this as a St case to grant bail, Accordingly, the petition is dismissed.