Bail petition under Section 439 Cr.P.C. in a murder case dismissed for non-prosecution; counsel repeatedly absent despite prior final opportunity and an earlier bail petition already dismissed on merits.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 7123 OF 2024
BETWEEN:
Digitally signed by NANDINI B G Location: high court of karnataka
SRI. ISMYAL @ MOHAMMAD ISMAYIL S/O SRI. NASIR AHMED, AGED ABOUT 43 YEARS, R/A NO.2095, MEDARA BLOCK, CHAMALAPURA STREET, NANJANGUD TOWN, MYSURU DISTRICT - 571 301
…PETITIONER (BY SRI. SALIM ALI KHAN .S., ADVOCATE (ABSENT))
AND:
STATE BY KARNATAKA, OF VARUNA POLICE, MYSURU. REPRESENTED BY: STATE PUBLIC PROSECUTOR STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001
…RESPONDENT (BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.121/2023 S.C.NO.76/2024 FOR THE OFFENCE P/U/S 302, 201 R/W SEC.34 OF IPC FILED BY THE RESPONDENT POLICE THAT IS STATE BY KARNATAKA OF VARUNA POLICE WHICH IS PENDING ON THE FILE OF THE HON'BLE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT AT MYSURU.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
Learned counsel for the petitioner is absent. No representation even when the matter is passed over twice and
again called at 12.20 pm.
It is noticed that the order sheet dated 04.09.2024 reads as under:
"Learned counsel for the petitioner absent. No representation even when the matter is passed over thrice. It appears that the petitioner is not interested in prosecuting the petition. However, to afford final opportunity, list this matter next week."
Inspite of that, he was absent on the next date of hearing i.e., on 12.09.2024. However, to afford one more opportunity, the matter is listed today. Inspite of that, learned counsel for the petitioner is absent. It is also noticed that the petitioner had approached this Court by filing similar petition, seeking grant of bail, which came to be dismissed on merits. It appears that the petitioner is not interested in prosecuting the petition. Hence, the petition is dismissed .
Sd/(M G UMA) JUDGE
BH List No.: 3 Sl No.: 6
2 provisions across 2 enactments
Sri. Ismyal @ Mohammad Ismayil S/o Sri. Nasir Ahmed
State by Karnataka, of Varuna Police, Mysuru
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
