Petition under Section 439 Cr.P.C. seeking bail in a murder case was withdrawn by counsel after partial argument, with liberty to file a fresh petition after examination of two eyewitnesses. The court dismissed it as withdrawn and directed the prosecution to examine the eyewitnesses on priority.
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NC: 2024:KHC-D:3742 CRL.P No. 100257 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100257 OF 2024
BETWEEN:
SANJAY VIRUPAKSHI BHAKARE, AGE: 42 YEARS OCC: AGRICULTURE AND BUSINESS, R/O JAINAPUR TAL: CHIKKODI, DIST BELAGAVI-591226
…PETITIONER
(BY SRI. VISHWANATH V. BADIGER, ADVOCATE)
AND:
ANNAPURNA CHINNAPPA DANDAGAL
THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH CHIKODI P S
…RESPONDENT
Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.19 14:48:51 +0530
(BY SRI. T.P.MALIPATIL, AGA)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO. 203/2023 REGISTERED BY CHIKODI POLICE STATION, (SC NO.5001/2023 ON THE FILE OF VII ADDL.DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI, FOR THE OFFENCE PUNISHABLE U/S 302 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner after arguing the matter for some time, submits that he may be permitted to withdraw the petition with liberty to file a fresh petition after examination of CW10 and CW11, who are the alleged eye-witnesses to the incident, is completed before the
Trial Court.
record.
prayed for. It is needless to state that the prosecution shall make all endeavor to examine CW10 and CW11 on priority.
Sd/JUDGE
DN
2 provisions across 2 enactments
Sanjay Virupakshi Bhakare
Annapurna Chinnappa Dandagal
The State of Karnataka
S.Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
