Aboobakkar Siddique. B v. the State of Karnataka
Case brief
What is this about?
In a criminal petition for anticipatory bail, the High Court held that the accused cannot be treated in custody for a new offence if no specific body warrant was issued, despite prior custody in another case. The Court directed the Special Judge to rehear the matter on merits under Article 227.
What did the court decide?
The petition is allowed-in-part; the Special Judge is directed to re-hear the matter and dispose of it on merits.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.8252/2022
BETWEEN:
ABOOBAKKAR SIDDIQUE .B S/O MUHAMMED AGED ABOUT 45 YEARS R/AT BOLUKATTE HOUSE BAYAR KASARAGOD DISTRICT KEARALA STATE-671 348
….PETITIONER
(BY SRI. LETHIF .B, ADVOCATE)
AND:
- THE STATE OF KARNATAKA BY MANGALURU WOMEN POLICE STATION D.K. DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE-560 001
Issues for consideration
3 issues framed by the court
Whether an accused in judicial custody can be maintained as in custody in respect of a second case without a fresh body warrant.
Whether a territorial Court can exercise superintendence under Article 227 to re-hear a bail petition rejected by a subordinate Court on an erroneous ground of maintainability.
Whether the lower Court erred in dismissing the anticipatory bail petition without considering the merits of the allegations.
Parties & counsel
- petitioner
ABOUBAKKAR SIDDIQUE .B
- respondent
THE STATE OF KARNATAKA
- respondent
SMT. ZULAIKA
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- CRL.P/8252/2022
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