Criminal petitioner challenging cancellation of bail and subsequent warrant/arrest due to non-appearance in court. Petitioner claimed illness but failed to produce medical certificate. Court rejected bail application.
Bail application rejected; petition for enlargement on bail dismissed.
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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JUNE, 2016
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.200589/2016
BETWEEN:
Nagendrappa S/o Rajappa Age: 20 years, Occupation Coolie, Resident of Chinchansur, Now at Kalaburagi.
… PETITIONER
(Shri Gurubasava B. Nayak, Advocate)
AND:
The State Through Narona Police Station, Taluk: Aland – 585 314, District: Kalaburagi.
… RESPONDENT
(Shri P.S. Patil, Government Pleader)
This Criminal Petition is filed under Section 439 of Code of Criminal Procedure, 1973, praying to allow the petition by enlarging the petitioner on bail in pending Sessions Case
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No.355/2012 on the file of III Additional Sessions Judge at Kalburagi, which is registered for the offences punishable under Section 147, 498(A), 302, 201 read with Section 149 of Indian Penal Code.
This petition coming on for orders this day, the Court made the following:
O R D E R
Heard the learned Counsel for the petitioner and the
learned Government Pleader for the respondent.
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the petitioner was suffering from jaundice and therefore was compelled to remain absent before the Court below and hence it was for a valid and good reason and not on account of any willful default.
bail. The petition is rejected.
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1 issue framed by the court
whether bail should be granted to the petitioner who defaulted despite earlier bail, claiming illness without medical evidence.
1 provisions across 1 enactments
Nagendrappa S/o Rajappa
The State
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
