Citation : 2026 Latest Caselaw 3484 Kant
Judgement Date : 5 May, 2026
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NC: 2026:KHC-K:3825
CRL.P No. 200631 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
CRIMINAL PETITION NO.200631 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. DEVARAJ
S/O HANAMANT DORI,
AGE : 30 YEARS,
OCC: AGRICULTURE,
2. RANGANATH
S/O HANAMANT DORI,
AGE : 25 YEARS, OCC ; AGRI.,
BOTH ARE R/AT: BEVINAHALLI VILLAGE,
TQ : SHAHAPUR, DIST: YADGIRI - 585 223.
...PETITIONERS
(BY SRI. BASAVARAJ C. JAKA, ADVOCATE)
Digitally signed AND:
by SACHIN
Location: HIGH
COURT OF
KARNATAKA THE STATE OF KARNATAKA,
THROUGH SHAHAPUR POLICE STATION,
TQ : SHAHAPUR DIST: YADGIRI 585223.
NEW REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH 585107.
...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C (OLD) U/S 483 OF BNSS (NEW) PRAYING TO ALLOW THE
PETITION AND ENLARGE THE PETITIONERS ON BAIL IN CRIME
NO.95/2026, REGISTERED BY SHAHAUR POLICE STATION,
DIST:YADGIRI, FOR THE OFFENCES PUNISHABLE U/SEC.115(2), 84,
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NC: 2026:KHC-K:3825
CRL.P No. 200631 of 2026
HC-KAR
109, 352, 351(2) R/W 3(5) OF BNS 2023, PENDING ON THE FILE OF
CIVIL JUDGE AND JMFC (JN.DN) COURT AT SHAHAPUR, IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
Learned counsel for the petitioners submits that he
may be permitted to withdraw this petition with liberty to
move the same before the concerned Sessions Court.
2. It is also informed at the Bar that no regular
Public Prosecutor is attached to the Sessions Court and
even the in-charge is not attending the court. This is very
sorry state of affairs of the system. The prosecution
department is directed to attach the Public Prosecutor
atleast in-charge to the court enabling the Court to
dispose of the matters atleast criminal miscellaneous
mattes wherein bail petition filed seeking bail considering
the constitution mandate.
3. The prosecution department shall consider this
aspect of the matter on emergency basis. In the event,
NC: 2026:KHC-K:3825
HC-KAR
the in-charge Public Prosecutor is not allotted or attached
to the concerned Court, the department of prosecution
shall offer an explanation to this Court within ten days and
the same will be viewed very seriously.
4. In view of the same, the petition is dismissed as
withdrawn with liberty as prayed for.
5. Registry to send this order through mail as well
as regular mode to the Director of Prosecution to take
immediate action forthwith.
Sd/-
(T.M.NADAF) JUDGE
SN LIST NO.: 1 SL NO.: 11 CT:VK
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