Bail petition under Section 439 Cr.P.C. in an NDPS Act case dismissed because counsel was absent and office objections remained uncomplied with despite repeated listing opportunities.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 3490 OF 2024
BETWEEN:
UMESH KUMAR S/O LATE CHINAPPA AGED ABOUT 43 YEARS R/AT GUNTAPPANAHALLI VILLAGE, MANCHNABELE POST, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT - 562 101
…PETITIONER
Digitally signed by SWAPNA V Location: high court of karnataka
(BY SRI. MUHAMMAD SHAMIL, ADVOCATE (ABSENT))
AND:
STATE OF KARNATAKA BY THYAMAGONDLU POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE.
…RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE HIM ON BAIL IN SPL.C.NO.149/2023 BEFORE THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS ACT, BENGALURU RURAL DISTRICT AT BENGALURU, REGISTERED FOR THE OFFENCE P/U/S 20(B) OF NDPS ACT.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
NC: 2024:KHC:37682 CRL.P No. 3490 of 2024
ORAL ORDER
Learned counsel for the petitioner is absent. No
representation even when the matter is passed over twice and again called at 1.20p.m.
The order sheet dated 23.08.2024 reads as under:
"Learned counsel for the petitioner is absent.
No representation.
The petition is filed on 02.04.2024. Office has raised objections and same are not complied with, even though the matter is listed for 3rd time to comply with the office objections.
I do not find any reason to adjourn the matter. However to afford final opportunity, list this matter next week."
In spite of that, the office objections are not complied
with. I do not find any reason to adjourn the matter.
Hence, the petition is dismissed.
Sd/(M G UMA) JUDGE
SPV
List No.: 3 Sl No.: 3
2 provisions across 2 enactments
Umesh Kumar S/o Late Chinappa
State of Karnataka by Thyamagondlu Police Station
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
