The High Court of Karnataka dismissed a criminal petition filed under Section 439 CrPC for enlargement of bail. The court held that the petitioner failed to submit required documents and no representation was filed, indicating a lack of interest in prosecuting the case.
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
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.7235/2022
BETWEEN:
ANIL KUMAR HS S/O SHIVANNA @ SHIVE GOWDA AGED ABOUT 37 YEARS RESIDING AT RENTED HOUSE OF SMT. AMUDHA 6TH CROSS, 2ND MAIN MUNESHWARA LAYOUT, LAGGERE BENGALURU-560 058
….PETITIONER
(BY SRI. HARISH PRABHU S., ADVOCATE (ABSENT))
AND:
...RESPONDENTS
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.14/2022 (SPL.C.C.NO.816/2022) OF NANDINI LAYOUT P.S.,
2
BANGALURU, FOR THE OFFENCE P/U/S 376 OF IPC AND SECTIONS 4, 6 & 8 OF POCSO ACT.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner called-out.
Absent.
It is noticed that, this petition is filed in the month of July, 2022 and till today, the petitioner has not furnished PF, Petition Copy and other Annexures for issuing notice to Respondent No.2. All along, there is no representation on behalf of the petitioner.
Looking to the above facts, it is evident that the petitioner is not interested in prosecuting the case. Hence, the petition stands dismissed for non-compliance of office objection.
Sd/-
KGR* CT:NR
2 issues framed by the court
Whether the criminal petition for enlargement of bail should be dismissed due to non-submission of required documents.
Whether the absence of petitioner's counsel and failure to furnish pleadings warrants dismissal of the petition for non-compliance.
3 provisions across 3 enactments
Anil Kumar Hs S/o Shivanna
State
Smt. Sunanda
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
