The High Court of Karnataka dismissed a criminal petition filed under Section 439 Cr.P.C. seeking bail for an offence under Section 302 IPC. The petition was dismissed for non-prosecution due to the petitioner's counsel's absence despite prior notices.
Petition dismissed for non-prosecution due to absence of counsel.
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CRL.P No. 1499 of 2024 NC: 2024:KHC:12884
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 1499 OF 2024
BETWEEN:
AMJAD KHAN @ AMJU, S/O AFZAL KHAN, AGED ABOUT 37 YEARS, R/AT ALAKAPURA VILLAGE, THONDEBHAVI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DT - 561 213.
…PETITIONER
(BY SRI. MANJUNATH B.R, ADVOCATE (ABSENT))
AND:
Digitally signed by SOWMYA D
Location: High Court of Karnataka
STATE OF KARNATAKA BY MANCHENAHALLI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001.
…RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.171/2023 REGISTERED BY MANCHENAHALLI POLICE STATION, CHIKKABALLAPURA FOR THE OFFENCE P/U/S 302 OF IPC, PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA IN S.C.NO.94/2023.
CRL.P No. 1499 of 2024 NC: 2024:KHC:12884
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner called out and he is absent.
occasion, time was being regularly sought by the learned counsel for the petitioner and as per the convenience, the date was given. But today, there is no representation. The offence alleged by the petitioner is under Section 302 of IPC. It appears that the petitioner is not interested in prosecuting the petition.
Hence, the petition stands dismissed for non-
prosecution.
Sd/JUDGE
URN List No.: 1 Sl No.: 25 CT: BHK
2 issues framed by the court
Whether to enlarge the petitioner on bail in a criminal case for an offence under Section 302 of the IPC.
Whether to grant representation for an absent petitioner in a bail application.
2 provisions across 2 enactments
AMJAD KHAN @ AMJU
STATE OF KARNATAKA
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
