High Court disposed of a bail cancellation petition against a respondent who had violated bail conditions by traveling abroad, reserving liberty to the State to file an application before the Trial Court.
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NC: 2023:KHC:40707 CRL.P No. 3463 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3463 OF 2022
BETWEEN:
STATE OF KARNATAKA REPRESENTED BY SHO MOODBIDRI POLICE STATION NOW REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU.
…PETITIONER
(BY SRI RANGASWAMY R, HCGP) AND:
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
MOHAMMED MAHAZ S/O MUNEER AGED ABOUT 20 YEARS KARIYANANGADI MOODBIDRI, MANGALURU CITY - 575 001.
…RESPONDENT
THIS CRL.P FILED U/S 439(2) CR.PC PRAYING TO SET ASIDE THE ORDER DATED 15.06.2021 PASSED BY THE CIVIL JUDGE AND JMFC, MOODBIDRI, D.K. DISTRICT IN CR.NO.173/2021 AND CANCEL THE BAIL ORDER, WHEREIN THE TRIAL COURT WAS PLEASED TO ALLOW THE APPLICATION FILED U/S 437 OF CR.P.C.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP on instruction submits that respondent is presently working in Saudi Arabia and notice issued from this Court has been served on brother and mother of the respondent. He submits that since the respondent has not been appeared before the Trial Court, NBW was issued against him.
NC: 2023:KHC:40707 CRL.P No. 3463 of 2022
Trial Court for the reason that respondent has violated condition nos.2 and 5 of the bail order.
liberty to the petitioner to file appropriate application before the Trial Court seeking cancellation of bail order on the ground that respondent has violated condition nos.2 and 5 of the bail order.
SD/JUDGE
NMS
State of Karnataka
Mohammed Mahaz
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
