Bail petition under Section 439 CrPC in a murder case dismissed for non-prosecution after the petitioner's counsel repeatedly remained absent despite multiple listings and earlier dismissals of similar petitions.
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NC: 2024:KHC:37247 CRL.P No. 4449 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 4449 OF 2024 (439)
BETWEEN:
GOVINDA @ GOVINDA NAIK, S/O. GOVINDA NAIK, AGED ABOUT 40 YEARS, RESIDING AT NO.84, GUBBALAL, MARUTHINAGARA, KANAKAPURA MAIN ROAD, BENGALURU-560006.
…PETITIONER
(BY SRI. SRINIVASA MURTHY S.R., ADVOCATE)
AND:
STATE OF KARNATAKA, REPRESENTED BY KONANAKUNTE POLICE, BENGALURU. BY SPP HIGH COURT BENGALURU-01.
…RESPONDENT
(BY SMT. RASHMI JADHAV, ADDL. SPP)
SAROJA HANGARAKI
Location: HIGH COURT OF KARANTAKA DHARWAD BENCH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC TO ENLARGE THE PETITIONER ON BAIL IN S.C.1009/2021 ON THE FILE OF LXIX ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU AND REGISTERED IN S.C.NO.1009/2021 REGISTERED BY THE STATE OF KARNATAKA, REPRESENTED BY KONANAKUNTE POLICE, IN CR.NO.89/21 FOR OFFENCES PU/S 302, 201, 109, 120B R/W 34 OF IPC BENGALURU AND ALSO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.1009/2021 PENDING ON THE FILE OF LXIX ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU BY IMPOSING ANY CONDITION.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
Petitioner’s counsel is absent.
This petition was filed on 15.05.2024. The matter
was listed before the other Bench on 27.05.2024 for compliance of office objections and notice was also given to the State on 06.06.2024. This matter was again listed on 14.06.2024 and on that day, this Court directed to produce the charge sheet. The matter was again listed before the Court on 20.06.2024 and time was taken. Again the matter was listed on 27.06.2024 and again the petitioner’s counsel took time to produce three earlier orders dismissing the petitions filed by the petitioner. The matter was again listed on 01.07.2024 and this Court having taken note that earlier petitions filed by the petitioner were dismissed by the Co-ordinate Bench, directed to list this matter before the Co-ordinate Bench, which had dismissed the same on the earlier occasion.
NC: 2024:KHC:37247 CRL.P No. 4449 of 2024
When this matter is listed before this Court on 14.08.2024 and on 28.08.2024, the petitioner’s counsel was absent and today also absent. Hence, in spite of this bail petition was filed in the month of May 2024, till date matter has not been pursued by the petitioner counsel and
hence, petition is dismissed for non-prosecution.
Sd/(H.P.SANDESH) JUDGE
NAA CT-MCK List No.: 19 Sl No.: 1
1 issue framed by the court
Should the petitioner be enlarged on bail in S.C. No.1009/2021 for offences under Sections 302, 201, 109, 120B r/w 34 IPC?
2 provisions across 2 enactments
Govinda @ Govinda Naik
State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
