Mr. Amarendra vs The State By Mulbagal P S
2022 Latest Caselaw 1899 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 7TH DAY OF FEBRUARY, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION NO.109/2022

BETWEEN:

MR. AMARENDRA,
S/O LATE NANJAPPA,
AGED ABOUT 47 YEARS,
RESIDING AT NO.4374,
NEAR GOWRISHANKAR CINEMA THEATRE,
VIJAYAPURA, DEVANAHALLI TALUK,
BANGALORE RURAL-560094.                        ...PETITIONER

            (BY SRI RAHUL S. REDDY, ADVOCATE)

AND:

THE STATE BY MULBAGAL P.S.,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU-560001.                             ...RESPONDENT

               (BY SRI VINAYAKA V.S., HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE    EVENT    OF   HIS   ARREST    IN  CR.NO.283/2013
(C.C.NO.809/2015) OF MULBAGAL P.S., KOLAR DISTRICT FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 465, 420, 468
AND 471 OF IPC, PENDING BEFORE THE PRL. DISTRICT AND
SESSIONS JUDGE, KOLAR.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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                            ORDER

This petition is filed under Section 438 of Cr.P.C. praying

this Court to enlarge the petitioner on bail in the event of his

arrest in respect of Crime No.283/2013 registered by the

Mulbagal Police Station, Kolar District, for the offence punishable

under Sections 465, 420, 468 and 471 of IPC.

2. The learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State brought to the notice of this Court that already

proclamation has been issued against the petitioner.

3. When such being the case, 438 petition is not

maintainable in view of the judgment of the Apex Court in the

case of LAVESH v. STATE (NCT OF DELHI) reported in

(2012) 8 SCC 730. Hence, the petition is dismissed as not

maintainable.

Sd/-

JUDGE

MD