High Court of Karnataka dismissed a petition for anticipatory bail under Section 438 Cr.P.C. on merits due to non-prosecution, as the petitioner's counsel was absent and no representation was filed.
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NC: 2024:KHC:11260 CRL.P No. 924 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 924 OF 2024
BETWEEN:
MUKESH .G JAIN, S/O GOUTHAMCHAND, AGED ABOUT 27 YEARS, R/AT NO 26/1, FORT C ROAD, KALASIPALYAM, BENGALURU-560 002.
…PETITIONER
(BY SRI. HANUMANTHARAYA .C.H, ADVOCATE)
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
THE STATE OF KARNATAKA, BY CUBBANPARK POLICE STATION, BENGALURU CITY REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU.
…RESPONDENT
(BY SRI. B. LAKSHMANA, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN S.C.NO.1148/2023 (CR.NO.218/2016) OF CUBBON PARK P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 427, 506, 504, 324, 149, 307 OF IPC ON THE FILE OF THE LXIII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner is absent even during the third call.
The petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail and all along there is no representation. Hence, it is evident that the petitioner is not interested in prosecuting the matter. Hence, the petition stands dismissed for non-prosecution.
Sd/JUDGE
DS
List No.: 1 Sl No.: 25
1 issue framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. when the counsel for the petitioner is absent and there is no representation.
1 provisions across 1 enactments
MUKESH .G JAIN
THE STATE OF KARNATAKA
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
