Single judge of the Karnataka High Court dismissed a bail petition under Section 439 CrPC filed by eight accused persons for non-prosecution as there was no representation on behalf of the petitioners before the court.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO.303 OF 2024
BETWEEN:
PRESENTLY R/AT NO.07/1, 13TH CROSS, 3RD MAIN, BHUVANESHWARINAGAR, BENGALURU CITY-560023.
Digitally signed by SOWMYA D Location: High Court of Karnataka
PRESENTLY R/AT BIDARE AGRAHARA, CHENNIGANAHALLI, GOVERNMENT SCHOOL NEAR, LABOUR COLONY, K.R.PURA, BENGALURU-560036.
AGED ABOUT 42 YEARS, R/AT NO.52, NANDEESHWARA BADAVANE, MADHAVARA 8TH MAIN ROAD, 9TH CROSS, BENGALURU RURAL DISTRICT-562162.
…PETITIONERS
(BY SRI. RAVANAPPA V., ADVOCATE)
AND:
STATE OF KARNATAKA BY SHO, HALASURU GATE PS, BENGALURU, REPRESENTED BY GOVT. PLEADER, HIGH COURT BUILDING, BENGALURU-560001.
…RESPONDENT
(BY SRI. B. LAKSHMANA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.346/2023 OF HALASURGATE POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 419, 420, 465, 468, 471 READ WITH SECTION 34 OF INDIAN PENAL CODE ON THE FILE OF THE I A.C.M.M. AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation on behalf of the petitioners all along.
shown any interest in prosecuting the matter. Hence, the petition stands dismissed for non-prosecution.
Sd/JUDGE
DS
List No.: 1 Sl No.: 16
1 issue framed by the court
Whether the criminal petition filed under Section 439 CrPC to enlarge petitioners on bail should be decided in the absence of representation.
1. Veeresh S/o Virupaksha, 2. Umesh Kumar J. S/o Venkatareddappa, 3. Amaresh S/o Dyavappa, 4. Prakash S/o Siddalingappa, 5. Santhosh S/o Sakrappa, 6. Umesh S/o
State of Karnataka
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
