Karnataka High Court
Kiran Kumar @ Kulli Kiran vs State Of Karnataka on 25 September, 2023
Bench: S Vishwajith Shetty
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NC: 2023:KHC:34802
CRL.P No. 7820 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.7820 OF 2023
BETWEEN:
KIRAN KUMAR @ KULLI KIRAN @ KIRANA
S/O ISHWARAPPA
AGED ABOUT 26 YEARS
R/O, 17/1, KRISHNAPPA COMPOUND
BHARATHI COLONY, OT ROAD
SHIVAMOGGA TOWN
SHIVAMOGGA DISTRICT
PIN - 577 201
...PETITIONER
(BY SRI. K B K SWAMY, ADVOCATE)
AND:
STATE OF KARNATAKA
BY NYAMATHI POLICE STATION
DAVANGERE DISTRICT
Digitally signed REPRESENTED BY
by MADHURI S
STATE PUBLIC PROSECUTOR
Location: High
Court of HIGH COURT OF KARNATAKA
Karnataka BENGALURU - 560 001
...RESPONDENT
(BY SMT. SOWMYA R, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.46/2023 OF NYAMATHI POLICE STATION, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 302,
324, 326, 307, 120B, 201, 212 R/W 149 OF IPC ON THE FILE
OF HON'BLE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC
COURT HONNALI, DAVANAGERE IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2023:KHC:34802
CRL.P No. 7820 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner herein has approached this Court under
Section 438 of Cr.P.C, with a prayer to grant anticipatory
bail in Cr.No.46/2023 registered by Nyamathi Police
Station, Davanagere.
2. Heard the learned counsel for the parties.
3. The petitioner is arrayed as accused No.14 in
the present case. Investigation in the case is completed
and charge sheet has been filed. In the charge sheet, it is
mentioned that the petitioner/accused No.14 was produced
in the present case before the trial Court under body
warrant and the petitioner who was granted regular bail in
the other case has absconded subsequently. After charge
sheet in the present case was filed, the case is numbered
as C.C.No.193/2023 before the court of Addl.Civil Judge
and JMFC, Honnali. The order sheet in the said case would
reflect that accused Nos.14 and 21 were produced before
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CRL.P No. 7820 of 2023
the committal Court on 27.04.2023 and on the said date
they have been remanded to judicial custody. The
application is now filed by the petitioner under Section 438
of Cr.P.C., seeking anticipatory bail. Since committal Court
after securing the presence of the petitioner in the present
case has already remanded him to judicial custody, an
application under Section 438 of Cr.P.C. is not
maintainable.
4. The judgment in the case of M.Shashidhara @
Shashi and Anr vs. State of Karnataka would not be
applicable to the facts of the present case, since in the said
case, after accused was brought before the Court under
body warrant, he was not remanded to judicial custody in
the case in which he was produced under body warrant, but
he was remanded to judicial custody in the original case.
Under the circumstances, the order passed in the case of
M.Shashidhara is not applicable to the present case.
Therefore, I do not find any merit in the present case and
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CRL.P No. 7820 of 2023
the petition filed under Section 438 of Cr.P.C., seeking
anticipatory bail is not maintainable.
Accordingly, the petition is dismissed.
Sd/-
JUDGE
RR
