This judgment dismisses a successive anticipatory bail petition under Section 438 of Cr.P.C., holding it not maintainable as the matter had been previously decided on merits.
The criminal petition was dismissed as not maintainable being a successive petition decided on merits.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.7566/2022
BETWEEN:
NATARAJU P.G. S/O. GOVINDA SHETTY AGED ABOUT 77 YEARS R/AT NO.21/3, 13TH MAIN ROAD SRINAGARA, BANASHANKARI BENGALURU-560 050. … PETITIONER
(BY SRI KRISHNE GOWDA L.S., ADVOCATE)
AND:
STATE OF KARNATAKA BY BASAVESHWARA NAGAR POLICE BY ITS STATION HOUSE OFFICER, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 079. … RESPONDENT
(BY SRI H.S. SHANKAR, HCGP;
SRI SANTOSH B.Y., ADVOCATE FOR DE-FACTO COMPLAINANT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.215/2021 OF BASAVESHWARA NAGAR P.S., BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 323, 354, 504, 506,
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420, 468, 471, 120-B READ WITH SECTION 34 OF IPC ON THE FILE OF THE V A.C.M.M., BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This is a successive bail petition filed under Section 438 of Cr.P.C. praying to enlarge the petitioner/accused No.2 on bail, in the event of his arrest in respect of Crime No.215/2021 registered by Basaveshwara Nagar Police Station, Vijayanagar Sub-Division, Bengaluru City, for the offences punishable under Sections 323, 354, 504, 506, 420, 468, 471 and 120-B read with Section 34 of IPC.
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the property in question and the said document is a registered document and dismissed the petition filed under Section 438 of Cr.P.C. Now, again the petitioner has approached this Court by filing a petition under Section 438 of Cr.P.C.
Accordingly, the criminal petition is dismissed.
Sd/JUDGE
ST
1 issue framed by the court
Whether a successive bail petition under Section 438 of Cr.P.C. is maintainable after an identical petition has already been dismissed on merits.
1 provisions across 1 enactments
Nataraju P.G.
State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
