GOVINDARAJU @ GOVINDA @ RAJU v. THE STATE OF KARNATAKA, BY BASAVESHWARANGAR POLICE, BANGALORE

(BY SRI. CHIKKANNA.,ADVOCATE) AND: …PETITIONER Digitally signed by ANJALI M Location: High Court of Karnataka THE STATE OF KARNATAKA, BY BASAVESHWARANGAR POLICE, BANGALORE. REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI.M.R.PATIL., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER (ACCUSED NO.1) ON BAIL IN CR.NO.8/2015 AND SESSIONS CASE NUMBER 1878/2023 FOR - 2 - NC: 2024:KHC:49874 CRL.P No. 10140 of 2024 THE OFFENCE P/U/S 397 OF IPC PENDING ON THE FILE OF BEFORE HONBEL COURT LXII ADDL.CITY CIVIL AND SESSIONS JUDGE AT 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 Petitioner is before this Court under Section 438 of Cr.P.C with a prayer to grant anticipatory bail S.C.No.1878/2023 pending before the Court of LXII Additional City Civil and Sessions Judge at Bengaluru City, arising out of Crime No.8/2015 registered by Basaveshwara Nagar Police Station, Bengaluru City for the offences punishable under Section 397 of IPC.

Learned HCGP at the inception has raised a preliminary objection with regard to the maintainability of the petition, on the ground that petitioner, who was arrested in the present case was granted regular bail in Crl. Misc. No.2277/2015 on 28.04.2015. For the reason that he had not appeared before the Trial Court, a split-up case - 3 - NC: 2024:KHC:49874 CRL.P No. 10140 of 2024 has been registered against him in S.C.No.1878/2023 and Non-Bailable Warrant is issued against him. Therefore, the learned Sessions Judge has dismissed his application filed under Section 438 of Cr.PC on the ground that the same cannot be entertained.

Learned Counsel for the petitioner was arguing the matter for some time submits that petition may be dismissed with liberty to the petitioner to surrender before the Trial Court and make necessary application to recall the Non-Bailable Warrant issued against him. He submits that since the petitioner was released on regular bail earlier, the Trial Court may be directed to consider his application sympathetically as expeditiously as possible.