Four criminal petitions for bail filed under Section 439 Cr.P.C. were dismissed as infructuous because the petitioners had already been granted default bail.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101680 OF 2023
C/W
CRIMINAL PETITION NO. 101710 OF 2023 CRIMINAL PETITION NO. 101711 OF 2023 CRIMINAL PETITION NO. 101712 OF 2023
IN CRL.P.NO.101680/2023
BETWEEN:
SRI. RAJAPPA S/O HANAMAPPA BHAJANTRI AGE: 45 YEARS, OCC: COOLIE, R/O. VANAGERI, TQ: KUSHTAGI, DIST: KOPPAL.
…PETITIONER
CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.05 13:04:33 +0530
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
STATE OF KARNATAKA, BY HANUMASAGAR POLICE STATION, REP.BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.
…RESPONDENT
(BY SMT.GIRIJA S.HIREMATH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.27/2023 PENDING BEFORE PRL. DISTRICT AND
SESSIONS JUDGE AT KOPPAL REGISTERED WITH HANUMASAGAR POLICE REGISTERED FOR THE OFFENCES P/U/SEC. 379, 411 OF IPC AND SECTION 87 OF FOREST ACT, 1963, IN CRL.MISC NO.524/2023.
CRL.P.NO. 101710/2023
BETWEEN:
SRI. HANAMANTHAPPA, S/O BASAPPA JUMALAPUR, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. DOTIHAL, TQ. KUSHTAGI, DIST. KOPPAL.
…PETITIONER
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
STATE OF KARNATAKA, BY HANUMASAGAR POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.
…RESPONDENT
(BY SMT.GIRIJA S.HIREMATH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.27/2023 PENDING BEFORE DISTRICT AND SESSIONS JUDGE AT KOPPAL REGISTERED WITH HANUMASAGAR POLICE REGISTERED FOR THE OFFENCES P/U/SEC. 379, 411 OF IPC AND SEC. 87 OF FOREST ACT, 1963 IN CRL. MISC. NO.531/2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, KUSHTAGI.
NC: 2023:KHC-D:9909 CRL.P No. 101680 of 2023 C/W CRL.P No. 101710 of 2023, CRL.P No. 101711 of 2023, CRL.P No. 101712 of 2023
CRL.P.NO. 101711/2023
BETWEEN:
SRI. SHIVAPPA, S/O LAKSHMAPPA BHAJANTRI, AGE. 33 YEARS, OCC. COOLIE, R/O.VANAGERI, TQ. KUSHTAGI, DIST. KOPPAL.
…PETITIONER
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
STATE OF KARNATAKA, BY HANUMASAGAR POLICE STATION, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.
…RESPONDENT
(BY SMT.GIRIJA S.HIREMATH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.27/2023 PENDING BEFORE DISTRICT AND SESSIONS JUDGE AT KOPPAL REGISTERED WITH HANUMASAGAR POLICE REGISTERED FOR THE OFFENCES P/U/SEC. 379, 411 OF IPC AND SEC. 87 OF FOREST ACT 1963 IN CRL. MISC. NO.531/2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, KUSHTAGI.
CRL.P.NO. 101712/2023
BETWEEN:
SRI. SHASHIKUMAR, S/O CHENNAPPA RUDHAGI, AGE. 24 YEARS, OCC. AGRICULTURE,
NC: 2023:KHC-D:9909 CRL.P No. 101680 of 2023 C/W CRL.P No. 101710 of 2023, CRL.P No. 101711 of 2023, CRL.P No. 101712 of 2023
R/O. KAKANDAKI, TQ: BABALESHWAR, DIST: VIJAYANAGAR.
…PETITIONER
(BY SRI. NEELENDRA D.GUNDE, ADVOCATE)
AND:
STATE OF KARNATAKA, BY HANUMA SAGAR POLICE STATION, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.
…RESPONDENT
(BY SMT.GIRIJA S.HIREMATH, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.27/2023 PENDING BEFORE DISTRICT AND SESSIONS JUDGE AT KOPPAL REGISTERED WITH HANUMASAGAR POLICE REGISTERED FOR THE OFFENCES P/U/SEC. 379, 411 OF IPC AND SEC. 87 OF FOREST ACT 1963 IN CRL. MISC. NO. 529/2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, KUSHTAGI.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners has filed memo stating that petitioners have been granted default bail and as such, these petitions have become infructuous.
NC: 2023:KHC-D:9909 CRL.P No. 101680 of 2023 C/W CRL.P No. 101710 of 2023, CRL.P No. 101711 of 2023, CRL.P No. 101712 of 2023
having become infructuous.
Sd/JUDGE
CLK List No.: 1 Sl No.: 14
1 provisions across 1 enactments
Sri. Rajappa
Sri. Hanamanthappa
Sri. Shivaappa
Sri. Shashikumar
State of Karnataka
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
