The High Court dismissed the regular bail petition (filed under ant. bail section) as withdrawn by the petitioner, granting liberty to surrender and seek recall of the non-bailable warrant from the Trial Court for expeditious disposal.
Petition dismissed as withdrawn; liberty granted to surrender and recall N.W.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10161 OF 2024
BETWEEN:
GOVINDARAJU ALIAS GOVINDA ALIAS RAJU, SON OF VENKATARAJU, AGED ABOUT 29 YEARS, GOLLAHALLI VILLAGE, KUMBALAGODU POST, KENGERI MYSURU ROAD, BANGALORE SOUTH TALUK - 560 074.
…PETITIONER
(BY SRI. CHIKKANNA.,ADVOCATE)
AND:
Digitally signed by ANJALI M Location: High Court of Karnataka
STATE OF KARNATAKA, BY BASAVESHWARANAGAR POLICE, BANGALORE CITY. REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001.
…RESPONDENT (BY SRI.M.R.PATIL., HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNNS) CR.P.C 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.20/2015 BASAVESHWARNAGARA P.S., AND SESSIONS
CASE NUMBER NO.1877/2023 FOR THE OFFENCE P/US/ 399, 402 OF IPC PENDING ON THE FILE OF THE BEFORE THIS HONBLE COURT (CCH-63) LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Petitioner is before this Court under Section 438 of Cr.P.C with a prayer to grant anticipatory bail in S.C.No.1877/2023 pending before the Court of LXII Additional City Civil and Sessions Judge at Bengaluru City, arising out of Crime No.20/2015 registered by Basaveshwara Nagar Police Station, Bengaluru City for the offences punishable under Section 399, 402 of IPC.
NC: 2024:KHC:49873 CRL.P No. 10161 of 2024
appeared before the Trial Court, a split-up case has been registered against him in S.C.No.1877/2023 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.
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.
NC: 2024:KHC:49873 CRL.P No. 10161 of 2024
Trial Court shall consider the same on its merits and dispose off the said application as expeditiously as possible.
Sd/(S VISHWAJITH SHETTY) JUDGE
KVR List No.: 1 Sl No.: 14
2 issues framed by the court
Whether the High Court is empowered to entertain an anticipatory bail petition when the petitioner was earlier released on regular bail and an N.W. was subsequently issued.
How to proceed when the petitioner has liberty to surrender and apply for recall of the Non-Bailable Warrant.
2 provisions across 2 enactments
Govindaraju alias Govinda alias Raju
State of Karnataka
S VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
