The High Court of Karnataka dismissed a criminal petition under Section 439(2) of Cr.P.C. seeking cancellation of anticipatory bail granted to the respondent in a case involving offences under the GST Act. Finding no compliant breach or supervening circumstances, the petition was rejected.
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NC: 2024:KHC:49265 CRL.P No. 1793 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 1793 OF 2020
BETWEEN:
SUPERINTENDENT OF CENTRAL TAX ANTI -EVASION GST COMMISSIONERATE BANGALORE EAST TTMC BUILDING 5TH FLOOR, ABOVE BMTC BUS STAND OLD AIRPORT ROAD DOMLUR BENGALURU-560 071
…PETITIONER
(BY SRI. JEEVAN J. NEERALGI, ADVOCATE) AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
RAHUL SINGVI AGE. 28 YEARS NO.302, 3RD FLOOR BUILDING NO.750 2ND MAIN ROAD, 8TH BLOCK KORAMANGALA BANGALORE-560 095
…RESPONDENT
(NOTICE NOT ORDERED IN RESPECT OF RESPONDENT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 20.07.2019 IN CRL.MISC.NO.5359/2019 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:49265 CRL.P No. 1793 of 2020
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
This petition under Section 439(2) of Cr.P.C is filed with a prayer to set aside the order dated 20.07.2019 passed in Crl.Misc. No.5359/2019 by the Court of LIX additional City Civil & Sessions Judge, Bengaluru, wherein anticipatory bail has been granted to the respondent herein in O.R.No.40/2018-19 was registered by petitioner herein for the offences punishable under Section 132(1)(b) of GST Act, 2017.
respondent has failed to comply any one of the bail conditions imposed by the jurisdictional Sessions Court while granting anticipatory bail to the respondent. It is also not the case of the petitioner that the respondent has not been participating before the trial Court in the proceeding initiated by the petitioner against him. No supervening circumstances are pointed out which calls for cancellation of bail.
Sd/(S VISHWAJITH SHETTY) JUDGE
ASN List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the order granting anticipatory bail to the respondent under Section 439(2) of Cr.P.C. should be set aside.
SUPERINTENDENT OF CENTRAL TAX ANTI -EVASION GST COMMISSIONERATE BANGALORE EAST
RAHUL SINGVI
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
