In CRL.P No. 8941 of 2024, the High Court of Karnataka dismissed a bail petition filed under Section 439 Cr.PC and Section 483 BNSS as infructuous because the petitioner had already been enlarged on bail by the Trial 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.
NC: 2024:KHC:41322 CRL.P No. 8941 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 8941 OF 2024
BETWEEN:
SAMEER PASHA @ SAMEER, S/O AKRAM PASHA, AGED ABOUT 23 YEARS, R/AT 9TH MAIN ROAD, NEAR BBMP SCHOOL AND FAROOQ MASJI J J NAGAR, BENGALURU - 560 026. (ACCUSED IN J C) (BY SRI. MURTHY M V.,ADVOCATE)
…PETITIONER
AND:
Digitally signed by KAVYA R Location: High Court of Karnataka
…RESPONDENTS
NC: 2024:KHC:41322 CRL.P No. 8941 of 2024
(BY SRI. M DIWAKAR MADDUR., HCGP FOR R1; SRI. BALAKRISHNA M. R., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.611/2024 FOR THE ALLEGED OFFENCE P/U/S 4.6 OF POCSO ACT AND SEC. 376 OF IPC OF BYADARAHALLI P.S (MADANAYAKANAHALLI) POLICE, PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE (FTSC-II) BENGALURU RURAL DISTRICT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Learned Counsel appearing for respondent No.2 submits that the petitioner has been already enlarged on bail before the Trial Court, and therefore, this petition does not survive for consideration.
Sd/-
(S VISHWAJITH SHETTY) JUDGE
KVR
List No.: 1 Sl No.: 41
1 issue framed by the court
Whether the bail petition survives given the petitioner was already enlarged on bail before the Trial Court?
2 provisions across 2 enactments
SAMEER PASHA @ SAMEER
THE STATE OF KARNATAKA
SMT SHAKEELA
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
