Quashed

Sri Pradeep @ Mallesha v. the State of Karnataka

Karnataka HC29 Nov 2024CRL.P/12629/2024

Case brief

AI extract

What is this about?

Accused No.2 on bail was taken into custody when produced via video conference after a body warrant was issued despite being in judicial custody elsewhere. The Sessions Judge's rejection of the recall application was quashed; petitioner released on the earlier bail bond with same sureties.

What did the court decide?

Impugned order dated 01.10.2024 quashed; petitioner ordered released on earlier bail bond with same sureties; intimation to jail authorities.

Sri Pradeep @ Mallesha Vs the State of Karnataka — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:49017 CRL.P No. 12629 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 12629 OF 2024

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BETWEEN:

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SRI PRADEEP @ MALLESHA S/O MANJUNATH AGED 33 YEARS R/AT CHILKAVADI VILLAGE KOLLEGAL TALUK CHAMARAJANAGAR – 571 442. …PETITIONER

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(BY SRI.P.P.HEGDE, SR. ADV. FOR SRI. AKSHAY KUMAR JAIN., ADV.)

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AND:

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THROUGH KOLLEGAL RURAL POLICE STATION REP.BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 .

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SHANMUGASWAMY S/O LATE MAHADEVAPPA AGED 58 YEARS R/AT CHILKAVADI VILLAGE KOLLEGAL TALUK CHAMARAJANAGARA DIST – 571 442. …RESPONDENTS

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(BY SMT.K.P.YASHODHA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 01.10.2024 IN S.C.NO.63/2022 PASSED BY

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2 - NC: 2024:KHC:49017 CRL.P No. 12629 of 2024

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PRL.DISTRICT AND SESSIONS JUDGE CHAMARAJANAGAR REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 70(2) OF CRIMINAL PROCEDURE CODE 1973 FOR RECALL OF THE BODY WARRANT DATED 20.06.2024 ISSUED AGAINST THE PETITIONER / ACCUSED NO.2 AND CONSEQUENTLY ALLOW THE SAID APPLICATION AND ORDER FOR RELEASE OF THE PETITIONER HEREIN FROM CHAMARAJANAGAR JAIL.

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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 MRS JUSTICE M G UMA

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ORAL ORDER

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Learned HCGP is directed totake notice for

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respondent-State.

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Heard learned senior counsel, Sri.P.P.Hegde appearing for the petitioner and learned HCGP for respondent-State on I.A.No.1/2024 and on the petition. Perused the material on record.

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The material on record discloses that the

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petitioner, being accused No.2 was on bail as per the order dated 09.12.2022. Later, he was represented by an

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3 - NC: 2024:KHC:49017 CRL.P No. 12629 of 2024

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advocate and was appearing before the Court. On 06.06.2024, the petitioner/accused No.2 was absent. Advocate representing him submitted that the petitioner is in judicial custody in Crime No.44/2024 registered by Mamballi Police Station. Inspite of that, NBW has been issued against him.

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On 20.06.2024, the report from SHO revealed that the petitioner/accused No.2 is in judicial custody with UTP No.185000. He was produced before the Court through Video conference. Immediately, the Trial Court appears to have taken him to custody and directed the jail authorities not to release him without an order from the Court.

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The petitioner filed an application seeking to recall the body warrant, which came to be rejected vide order dated 01.10.2024. Impugning the said order, the petitioner is before this Court.

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I.A.No.1/2024 is filed seeking an interim order directing respondent No.1 to release the petitioner from

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NC: 2024:KHC:49017 CRL.P No. 12629 of 2024

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prison in S.C.No.63/2022 on the file of the learned Principal District and Sessions Judge, Chamarajanagara.

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Being satisfied with the grounds made out, I.A.No.1/2024 is allowed.

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At this stage, learned senior counsel appearing for petitioner submits that the bail bond executed by the petitioner is not yet cancelled and the same may be held to be holds good. He further submits that the sureties, who have offered when the petitioner was enlarged on bail, are also willing to continue to stand as sureties.

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Submission is placed on record.

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The petitioner is ordered to be released on bail.

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The bail bond and the sureties offered by the petitioner earlier shall hold good for release of the petitioner.

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It is made clear that the impugned order dated 01.10.2024 passed by the learned Principal District and

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NC: 2024:KHC:49017 CRL.P No. 12629 of 2024

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Sessions Judge, Chamarajanagar in S.C.No.63/2022, is

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hereby quashed.

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Issue intimation to the jail authorities and the concerned Court through email.

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In view of the above, the petition does not survive

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for consideration. Hence, it is disposed of.

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Sd/(M G UMA) JUDGE

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List No.: 4 Sl No.: 1

Sri Pradeep @ Mallesha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Pradeep @ Mallesha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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