The High Court of Karnataka dismissed the criminal bail petition filed under Section 439 Cr.P.C. due to the petitioner's continuous absence and failure to remove office objections granted over a year.
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NC: 2024:KHC-D:1125 CRL.P No. 100215 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 100215 OF 2023
BETWEEN:
SHRI DATTATREYA @ DATA S/O SHIVANANDA JANTHINAKATTI AGE 26 YEARS OCC: MASON R/O : HOUSE NO 408, 2ND CROSS BHARAT NAGAR, VADDER CHAVANI SHAHAPUR, BELAGAVI PIN CODE-590 003.
…PETITIONER
(BY SRI. MAHANTESH S HIREMATH., ADVOCATE)
AND:
VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPI Date: 2024.01.2211:58:03 +0530
THE STATE OF KARNATAKA THROUGH SHAHAPUR POLICE STATION REPRESENTED BY THE STATE OF PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD.
…RESPONDENT
(BY SRI. PRAVEENA Y DEVAREDDIYAVARA., HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT A BAIL TO THE PETITIONER/ACCUSED IN SHAHAPUR POLICE STATION IN CRIME NO.66/2021 FOR THE OFFENCES PUNISHABLE U/S 341, 449, 458 AND 302 OF IPC IN SESSIONS CASE NO. 2/22 WHICH IS PENDING BEFORE THE VIII ADDL. DISTRICT AND SESSIONS COURT, BELGAUM.
NC: 2024:KHC-D:1125 CRL.P No. 100215 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is remained absent and office objections
have not been removed since long, in spite of being granted sufficient opportunity by this Court for last one year. The order sheet reveals that the petition was filed on 16.01.2023 i.e., one year back. This Court granted two weeks time on 20.04.2023. Thereafter, on 05.06.2023 and 28.06.2023, time was granted to petitioner to comply office objections but neither the petitioner nor the petitioner's counsel appeared before the Court and removed the office objections. This court already dismissed the petition on earlier occasion. The grounds urged by the petitioner reveal that the matter is almost at a fag end. It appears that the main case might have been disposed of by the Trial Court.
NC: 2024:KHC-D:1125 CRL.P No. 100215 of 2023
were made by the petitioner to entertain the petition, the petition is dismissed.
Sd/JUDGE
NMS
1 issue framed by the court
Whether a bail petition should be entertained despite continuous absence of the petitioner and repeated failure to remove office objections.
1 provisions across 1 enactments
SHRI DATTATREYA @ DATA
THE STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
