In this criminal bail petition, the petitioner sought enlargement on bail for offences under IPC and the SC/ST (POA) Act. The court dismissed the petition for non-prosecution due to the petitioner's absence and failure to appear in the morning, afternoon, and final hearing sessions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.1030/2021
BETWEEN:
MR. ALEXANDER D @ ALEX AGED ABOUT 25 YEARS S/O DEVAKUMAR RESIDING AT NO.8 3RD CROSS, 4TH MAIN NEAR AMRUTH BAR, N.S.PALYA BTM LAYOUT 2ND STAGE BANNERGHATTA ROAD BENGALURU CITY-78 … PETITIONER
(BY SRI A.FEROZE NIZAM, ADVOCATE)
AND:
1 . STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER MICO LAYOUT POLICE STATION BENGALURU-560076 REPRESENTED BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BENGALURU-560001
2
BANNERGHATTA ROAD BENGALURU-560076 … RESPONDENTS
(BY SRI VINAYAKA V.S, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.148/2020 OF MICO LAYOUT P.S., BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 302, 506 R/W 149 OF IPC AND SECTIONS 25(1)(1-B)(B) AND 27(3) OF INDIAN ARMS ACT AND SECTION 3(2)(V) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS ‘THROUGH VIDEO CONFERENCE’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This Court vide order dated 26.02.2021 issued notice against respondent No.2, but process fee had not been paid. Hence, the matter was listed on 01.04.2021, on that day, two
weeks time was granted for furnishing of process fee, petition copy, all annexures and pleadings to issue notice to respondent No.2 and the matter was listed on 31.05.2021, on that day, none appeared for the petitioner; again this Court ordered to list this matter on 07.06.2021, on that day also there was no representation on behalf of the petitioner and the learned High Court Government Pleader appearing for the respondent-State
3
submitted that this petition is not maintainable since an appeal is provided under Section 14(A)(2) of SC/ST (POA) Act, 1989.
Today also, there is no representation in the morning session and also in the afternoon session. It is clear that the petitioner is not diligent in pursuing the matter. Hence, the petition is dismissed for non-prosecution.
Sd/JUDGE
cp*
1 issue framed by the court
Whether the criminal bail petition is maintainable when under a Section 14(A)(2) appeal is provided under the SC/ST (POA) Act.
2 provisions across 2 enactments
Mr. Alexander D @ Alex
State of Karnataka
Mr. Lokesh
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
