Dismissed

Govindaraju @ Govinda @ Raju v. the State of Karnataka

Karnataka HC4 Dec 2024CRL.P/10150/2024

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail in a split-up sessions case after earlier regular bail; facing maintainability objection over an NB warrant, counsel sought withdrawal with liberty to surrender and seek recall of the warrant. The petition was dismissed as withdrawn with liberty, directing expeditious consideration.

What did the court decide?

Dismissed as withdrawn with liberty to surrender before the Trial Court and seek recall of the NB warrant.

Govindaraju @ Govinda @ Raju Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2024)

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1 - NC: 2024:KHC:49872 CRL.P No. 10150 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10150 OF 2024

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BETWEEN:

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GOVINDARAJU @ GOVINDA @ RAJU, SON OF VENAKATARAJU, AGED ABOUT 29 YEARS, GOLALHALLI VILALGE, KUMBALAGODU POST, KENGERI, MYSURU ROAD, BANGALORE SOUTH TALUK - 586 123.

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…PETITIONER

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(BY SRI. CHIKKANNA.,ADVOCATE)

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AND:

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Digitally signed by ANJALI M Location: High Court of Karnataka

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THE STATE OF KARNATAKA, BY BASAVESHWARNAGAR POLICE, BANGALORE CITY. REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001.

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…RESPONDENT (BY SRI.M.R.PATIL., HCGP)

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THIS CRL.P IS FILED U/S.438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER (ACCUSED NO.1) ON BAIL IN CR.NO.11/2015 AND SC.NO.1879/2023, FOR THE OFFENCES P/U/S 398 R/W 34 OF IPC, PENDING ON THE FILE OF THE HONBLE COURT (CCH-63)

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NC: 2024:KHC:49872 CRL.P No. 10150 of 2024

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LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Petitioner is before this Court under Section 438 of Cr.P.C with a prayer to grant anticipatory bail in S.C.No.1879/2023 pending before the Court of LXII Additional City Civil and Sessions Judge at Bengaluru City, arising out of Crime No.11/2015 registered by Basaveshwara Nagar Police Station, Bengaluru City for the offences punishable under Section 398 read with Section 34 of IPC.

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Learned HCGP at the inception has raised a preliminary objection with regard to the maintainability of the petition, on the ground that petitioner, who was arrested in the present case was granted regular bail. For the reason that he had not appeared before the Trial

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NC: 2024:KHC:49872 CRL.P No. 10150 of 2024

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Court, a split-up case has been registered against him in S.C.No.1879/2023 and Non-Bailable Warrant is issued against him. Therefore, the learned Sessions Judge has dismissed his application filed under Section 438 of Cr.PC on the ground that the same cannot be entertained.

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Learned Counsel for the petitioner was arguing

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the matter for some time submits that petition may be dismissed with liberty to the petitioner to surrender before the Trial Court and make necessary application to recall the Non-Bailable Warrant issued against him. He submits that since the petitioner was released on regular bail earlier, the Trial Court may be directed to consider his application sympathetically as expeditiously as possible.

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The aforesaid submission is placed on record. Petition is dismissed as withdrawn with liberty as prayed for. In the event petitioner surrender's before the Trial Court and make necessary application with a prayer to recall the Non-Bailable Warrant issued against him, the Trial Court shall consider the same on its merits and

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NC: 2024:KHC:49872 CRL.P No. 10150 of 2024

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dispose off the said application as expeditiously as possible.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR List No.: 1 Sl No.: 24

Govindaraju @ Govinda @ Raju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Govindaraju @ Govinda @ Raju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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