Dismissed

Malike Saba v. State of Karnataka

Karnataka HC5 Jul 2024CRL.P/1652/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a criminal petition filed by the defacto complainant seeking cancellation of anticipatory bail granted to respondent No.2. The court directed the accused to appear before the trial court the following day to assist in the disposal of the pending application.

What did the court decide?

Petition disposed off. Respondent No.2 directed to appear in person before trial court and assist in disposal of pending application.

Malike Saba Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:25447 CRL.P No. 1652 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 1652 OF 2024

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BETWEEN:

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MALIKE SABA, AGED ABOUT 41 YEARS, D/O EHTASHAMUL HAQUE, R/AT APARTMENT NO.3067, PRESTIGE SHANTINIKETAN, ITPL ROAD , WHITEFILED BANGALORE - 560 048 MOBILE: 9837613777

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…PETITIONER

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Digitally signed by NANDINI B G Location: high court of karnataka

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(BY SRI. EHTASHAMUL HAQUE, ON BEHALF OF PARTY IN PERSON.)

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AND:

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STATE OF KARNATAKA THROUGH SHO KADUGODI POLICE STATION BENGALURU - 560 067 REP BY SPP HIGH COURT OF KARNATAKA BENGALURU

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SAMEER HAMSA RAMLA, S/O LATE ALIYARU KUNJU HAMSA, AGED ABOUT 39 YEARS R/AT: 1161, COLFAX AVENUE, DES PLAINES, IILINOIS, USA - 60016 …RESPONDENTS (BY SRI. RAHUL RAI .K., HCGP FOR R1 SMT. DEEPA J., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.439(2) CR.P.C BY THE PARTY-INPERSON PRAYING TO CANCEL THE ANTICIPATORY BAIL GRANTED TO RESPONDENT NO.2/ACCUSED BY LEARNED COURT OF VI

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2 - NC: 2024:KHC:25447 CRL.P No. 1652 of 2024

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ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL VIDE ORDER DATED 06.11.2023 PASSED HEREIN AS ANNEXURE-A DUE TO BREACH AND VIOLATION OF THE SAME BY RESPONDENT NO.2/ACCUSED.

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The defacto complainant as party in person filed the present petition seeking cancellation of anticipatory bail granted to respondent No.2 vide order dated 06.11.2023 passed in Crl.Misc.No.2208/2023 on the file of learned VI Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru.

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Heard Sri Ehtashamul Haque, on behalf of the petitioner, Sri. Rahul Rai K, learned counsel for respondent No.1- State and Smt. Deepa J, learned counsel for Respondent No.2. Perused the materials on record.

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Learned counsel for respondent No.2 submits on instructions that respondent No.2 is ready to appear before the Trial Court in person tomorrow i.e., on 06.07.2024 and assist the Trial Court in disposal of the application filed under Section 437 of Cr.PC, which is pending for consideration.

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3 - NC: 2024:KHC:25447 CRL.P No. 1652 of 2024

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The GPA holder of the petitioner has no objection to

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record the said submission and direct respondent No.2 to appear before the Trial Court in person tomorrow and direct the Trial Court to dispose off the application expeditiously.

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In view of the above, I am of the opinion that if the undertaking given by learned counsel for respondent No.2 is placed on record and necessary directions are issued to the Trial Court, that would meet the ends of justice.

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Hence, I pass the following:

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ORDER

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(i) Petition is disposed off.

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(ii) Respondent No.2 is directed to appear in person before the Trial Court tomorrow i.e., on 06.07.2024 at 11.00 am without fail and co-operate in disposal of the application, which is pending consideration.

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(iii) The Trial Court is directed to consider the application filed by respondent No.2 herein on merits in accordance with law, expeditiously.

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Sd/JUDGE

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SPV

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List No.: 1 Sl No.: 5

Malike Saba v. State of Karnataka

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Malike Saba v. State of Karnataka

Case brief

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