Petitioner's bail petition for offences under IPC 376(2)(k) and POCSO Act was dismissed for non-prosecution despite counsel being absent on the final date of hearing.
Petition dismissed for non-prosecution due to absence of counsel on final hearing date.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION No.2739 OF 2021
BETWEEN :
SHRI.DASTHAGHIR S/O MOHAMMED ISMAIL AGED ABOUT 18 YEARS AT: NEAR WATER TANK, 7TH CROSS ISLAMPURA, NELAMANGALA BENGALULRU-562 123.
… PETITIONER (BY SRI JAGADEESH M.L: ADVOCATE ABSENT-NO REPRESENTATION)
AND :
… RESPONDENTS
(BY SRI K.S.ABHIJITH: HCGP FOR R1;
R2-SERVED BUT UNREPRESENTED)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.202/2020 OF BANDEPALYA P.S., BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTION 376(2)(k) OF IPC AND SECTIONS 4, 6 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R
Learned counsel for the petitioner is absent. There is no representation.
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matter. I am of the opinion that the petitioner is not interested to prosecute the matter.
Accordingly, the petition is dismissed for nonprosecution.
Sd/JUDGE
SKS
2 issues framed by the court
Whether bail should be enlarged when the petitioner is absent without representation despite multiple adjournments?
Whether non-prosecution by the absent counsel is a valid ground for dismissing the bail petition?
1 provisions across 1 enactments
Dasthaghir S/o Mohammed Ismail
State of Karnataka
Moula Nasir Khan
M.G. Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
