K Raju Gowda vs State Of Karnataka By
2023 Latest Caselaw 7589 Kant

                                            -1-
                                                        NC: 2023:KHC:39329
                                                    CRL.P No. 7562 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 6TH DAY OF NOVEMBER, 2023

                                         BEFORE
                   THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                          CRIMINAL PETITION NO. 7562 OF 2023
                BETWEEN:

                K. RAJU GOWDA,
                S/O K.B. KEMPE GOWDA,
                AGED ABOUT 60 YEARS,
                AT AND POST KEBBANAHALLI,
                TQ: KRISHNARAJ PET,
                DIST: MANDYA - 571 403.
                                                             ...PETITIONER
Digitally       (BY SRI. ANSHUMAN A., ADVOCATE)
signed by
NANDINI MS      AND:
Location:
High Court of
Karnataka       STATE OF KARNATAKA BY
                MALLESHWARAM POLICE STATION,
                REP. BY ITS STATE PUBLIC PROSECUTOR,
                HIGH COURT BUILDING,
                BANGALORE - 01.
                                                            ...RESPONDENT
                (BY SRI. R. RANGASWAMY, 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   C.C.NO.15903/2010   (CR.NO.395/2009)   OF
                MALLESHWARAM P.S., BENGALURU CITY FOR THE OFFENCE
                P/U/S 406,420 OF IPC ON THE FILE OF THE HONBLE III
                A.C.M.M, BENGALURU.


                       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
                THE COURT MADE THE FOLLOWING:
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                                               NC: 2023:KHC:39329
                                           CRL.P No. 7562 of 2023




                              ORDER

Accused No.1 in C.C.No.15903/2010 pending before

the Court III ACMM Bengaluru, arising out of Crime

No.395/2009 registered by Malleshwaram Police Station,

Bengaluru, for the offences punishable under Section 406

and 420 of IPC is before this Court under Section 438 of

Cr.P.C.

2. Material on record would go to show that,

petitioner was earlier granted anticipatory bail in

Crl.Misc.No.3451/2011 by the learned FTC-VI on

23.07.2011 and subsequently, he had appeared before the

jurisdictional Magistrate and also filed an application under

Section 437 of Cr.P.C., and the same was allowed on

20.11.2011. It appears that subsequently petitioner had

not appeared before the trial Court and therefore, NBW

was issued against him. Learned counsel for the petitioner

submits that trial Court has also issued proclamation order

against him. Under these circumstances, the present

petition filed by the petitioner under Section 438 of

NC: 2023:KHC:39329 CRL.P No. 7562 of 2023

Cr.P.C., is not maintainable in view of the judgment of the

Hon'ble Supreme Court in the case of "State of Madya

Pradesh Vs. Pradeep Sharma reported in AIR 2014 SC

626".

3. Therefore, petition is dismissed with liberty to the

petitioner to appear before the trial Court and make

necessary application to re-call the NBW issued against

him and if necessary seek bail. If such application is

made, trial Court shall consider the same expeditiously.

Sd/-

JUDGE

GPG