Disposed

Shivaraju @ Shivu v. the State of Karnataka

Karnataka HC14 Mar 2023CRL.P/846/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of an anticipatory bail petition under Section 438 Cr.P.C filed against the petitioner in a criminal case. The Court held that given the petitioner had been served summons, the petition was infructuous as bail could be sought from the jurisdictional court.

What did the court decide?

The bail petition stands disposed of with an observation that the petitioner should approach the jurisdictional court for bail.

Shivaraju @ Shivu Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2023)

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CRL.P No. 846 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA

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CRIMINAL PETITION NO. 846 OF 2023

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BETWEEN:

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SHIVARAJU @ SHIVU, S/O NAGEGOWDA, AGED ABOUT 29 YEARS, RESIDING AT DEVIRAHALLI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT.

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ALSO AT NO. 35/1, DEVEERAHALLI, HALAGURU MALVALLI, MANDYA, KARNATAKA - 571 421.

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Digitally signed by C SOWMYA Location: High Court of Karnataka

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(BY SRI. JAGADEESHMURTHY K M, ADVOCATE)

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…PETITIONER

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AND:

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THE STATE OF KARNATAKA, BY SHESHADRIPURAM POLICE STATION, R/B PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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CRL.P No. 846 of 2023

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(BY SRI. VINAYAKA V S, HCGP)

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THIS CRL.P IS FILED U/S.438 OF CR.P.C TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.5/2022 OF SESHADRIPURAM P.S., BANGALORE FOR THE OFFENCE P/U/S 120B, 465, 466, 468, 471, 472, 409, 420 R/W 34 OF IPC ON THE FILE OF HE III ACMM JUDGE (CASE TRANSFERRED FROM IV ACMM TO III ACMM, BANGALORE) BANGALORE IN C.C.NO.16388/2022.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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As per the direction of this Court, Investigating Officer is present. After taking instructions from the Investigating Officer, the learned High Court Government Pleader files a memo. Memo reads as under:

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"The undersigned Counsel for the Respondent/State herewith furnishes the copy of the report furnished by the Investigation Officer in Crime No.5/2022, for the records of this Hon'ble Court."

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CRL.P No. 846 of 2023

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In view of the memo, there is no apprehension of arrest and as such, bail petition under Section 438 has become infructuous.

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However, Sri.Jagadeeshmurthy.K.M, learned counsel for the petitioner submits that the petitioner has been served with the summons in the present case as well.

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If it is so, it is always open for the petitioner to appear before the Court and obtained bail from the jurisdictional Court with these observations, following order has been passed.

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Accordingly, the bail petition stands disposed of.

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Sd/JUDGE

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SMC List No.: 1 Sl No.: 64 CT: BHK

Shivaraju @ Shivu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivaraju @ Shivu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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