Accused No.1 in a murder and kidnapping case sought regular bail under Section 439 Cr.P.C. Counsel sought withdrawal with liberty to revive before the Sessions Court if trial does not commence. Petition dismissed as withdrawn with liberty to file fresh bail petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 9420 OF 2024
BETWEEN:
…PETITIONER
(BY SRI. ZAMEER PASHA., ADVOCATE)
AND:
…RESPONDENT (BY SRI. RAHUL RAI.K., HCGP)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SC.NO.31/2024 (CR.NO.141/2023) REGISTERED BY THE THILAKPARK P.S., TUMAKURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 143,147,148,302,364 R/W 149 OF IPC, WHICH IS PENDING IN THE FILE OF VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMAKURU BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HON’BLE COURT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
NC: 2024:KHC:38870 CRL.P No. 9420 of 2024
ORAL ORDER
Learned counsel for petitioner has sought permission of the Court to withdraw the petition, with a liberty to the petitioner to revive the bail application before the Sessions Court, if the trial is not commenced, within a reasonable time.
No.141/2023 of Thilak Park Police Station, wherein charge sheet has been filed against accused Nos.1 to 8 for offence punishable under Section 143, 147, 148, 302, 364 r/w 149 of IPC.
22.10.2023. The case is pending on the file of VI Additional District and Sessions Judge at Tumkur in S.C.No.31/2024, at the stage of hearing before charge.
counsel for petitioner, petition is dismissed as withdrawn reserving liberty to the petitioner to file a
NC: 2024:KHC:38870 CRL.P No. 9420 of 2024
fresh petition for bail before the Sessions Court, if the trial is not commenced within a period of six months from
today.
Sd/(MOHAMMAD NAWAZ) JUDGE
HB/List No.: 1 Sl No.: 9
2 provisions across 2 enactments
Shivaprasad @ Prasi @ Parsi
State by Thilak Park Police Station
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
