Regular bail petition under Section 439 Cr.P.C. in a POCSO and rape case was dismissed for non-prosecution after the petitioner's counsel repeatedly failed to appear despite multiple adjournments.
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NC: 2024:KHC:25012 CRL.P No. 3216 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 3216 OF 2024
BETWEEN:
VISHVANATH S/O. ANJINAPPA, AGED ABOUT 26 YEARS, RESIDING AT NO. 86, C/O. RAJANNA BUILDING, SHIVAPURA, NAGASANDRA POST, BENGALURU-560 072.
…PETITIONER
(BY SRI. YOGESH G, ADV.- ABSENT)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1 R2 -SERVED)
NC: 2024:KHC:25012 CRL.P No. 3216 of 2024
THIS PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.523/2023 OF PEENYA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 9,10,11 OF CHILD MARRIAGE RESTRAINT ACT AND U/S.5(L),6 OF POCSO ACT AND U/S.376 OF IPC PENDING ON THE FILE OF THE FAST TRACK COURT 2 CITY COMPLEX, BENGALURU CITY IN SPL.C.C.NO.198/2024 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner is absent.
petitioner, even when the matter was passed over twice and again called at 01.04 p.m.
“Learned counsel for the petitioner again
prays for time.
The order sheet dated 26.06.2024 reads as under:
"Learned counsel for the petitioner is absent.
There is no representation on behalf of the petitioner.
The petition is filed on 27.03.2024. Till today, the learned counsel for the petitioner is not ready to address his arguments. Therefore,
NC: 2024:KHC:25012 CRL.P No. 3216 of 2024
it appears that the petitioner is not interested in prosecuting the petition.
However, to afford final opportunity, list this matter on 01.07.2024."
In spite of that counsel for the petitioner is not ready to address his arguments. Therefore, it appears that the petitioner is not interested in prosecuting the petition.
However, as a last chance, list finally, on 03.07.2024”
4. In spite of that, there is no representation. It
appears that petitioner is not interested in prosecuting the
petition. Hence, petition stands dismissed .
Sd/JUDGE
NC CT:bms List No.: 1 Sl No.: 8
4 provisions across 4 enactments
Vishvanath S/o. Anjinappa
State of Karnataka by Peenya Police Station, Bengaluru
Victim rep. by her father S/o. Late Karihanumappa
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
