The High Court rejected a bail petition under Section 439 Cr.P.C. for offences under Sections 363 and 394 IPC. The court declined bail due to the petitioner having eight other pending cases and alleged violation of previous bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:9820 CRL.P No. 101657 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 101657 OF 2024 (439-)
BETWEEN:
SHRI. AKASH S/O. MURLIDHAR MUDALIYAR, AGE ABOUT 24 YEARS, OCC: NIL, R/O: RAM NAGAR, HUBBALLI, TQ: HUBBALLI - 580020 DIST: DHARWAD.
…PETITIONER
(BY SRI. G. V. BHARAMAGOUDR, ADVOCATE)
AND:
THE STATE OF KARNATAKA REP BY TOWN POLICE STATION, HUBBALLI, NOW REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH.
…RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP)
CHANDRASHEKAR HIGH LAXMANKATTIMANI COURT OFKARNATAKA
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN TOWN P.S. HUBBALLI CRIME NO.26/2024 ON THE FILE OF THE JMFC-I COURT, HUBBALLI FOR THE OFFENCE PUNISHABLE U/S 363 AND 394 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri G.V.Bharamagoudar, learned counsel for the petitioner and Smt. Kirtilata R.Patil, learned High Court Government Pleader for the respondent-State.
No.26/2024 which is registered for the offence punishable under Section 363 of IPC and thereafter, the jurisdictional police have made a request to the jurisdictional Court to incorporate Sections 394 of IPC and started investigation.
Making such submission, the learned counsel for the petitioner prays to allow the petition.
petitioner being accused No.1 having eight cases pending for consideration before the different Courts, therefore, it is not appropriate to grant him bail, considering the antecedents of
the petitioner. Hence, I proceed to pass the following:-
ORDER
The petition is rejected.
Sd/JUDGE
VMB CT:ANB List No.: 1 Sl No.: 5
1 issue framed by the court
Whether regular bail should be granted to the petitioner accused in offences under Sections 363 and 394 IPC considering his antecedents and multiple pending cases.
3 provisions across 2 enactments
SHRI. AKASH S/O. MURLIDHAR MUDALIYAR
THE STATE OF KARNATAKA
S.Rachaih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
