This criminal petition filed under Section 439 Cr.P.C. for bail in an NDPS offense was dismissed as infructuous by the Karnataka High Court after the trial court already granted default bail to the petitioner during the physical hearing.
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, BENGALURU
DATED THIS THE 13TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR. JUSTICE H P SANDESH
CRIMINAL PETITION No.3104/2022
BETWEEN:
MUKTHIYAR @ UMMAR BASHA @ UMMAR MUKTHIYAR S/O LATE BASHEER AGED ABOUT 32 YEARS R/AT NO.37, NETHAJI ROAD HOSUR TALUK, KRISHNAGIRI DISTRICT TAMILNADU – 635 109 ..PETITIONER
(BY SRI.JAGADEESHA H, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY HOSKOTE POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 ...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.351/2021 OF HOSAKOTE POLICE STATION, BANGALORE DISTRICT REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(C) OF NDPS ACT ON THE FILE OF THE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE & SPECIAL JUDGE, (MDPS), BANGALORE (CCH – 33).
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH PHYSICAL HEARING MADE THE FOLLOWING:
O R D E R
Learned Counsel for the petitioner files memo stating
that the trial Court has already granted default bail and the
petition may be dismissed as having become infructuous.
dismissed as infructuous.
Sd/JUDGE
KSR
1 issue framed by the court
Whether the bail petition should be dismissed as infructuous after the trial court granted default bail.
2 provisions across 2 enactments
MUKTHIYAR @ UMMAR BASHA @ UMMAR MUKTHIYAR
THE STATE OF KARNATAKA
H P Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
