Sarthak Sethi vs State Of Karnataka on 11 March, 2022

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Karnataka High Court

Sarthak Sethi vs State Of Karnataka on 11 March, 2022

Bench: V. Srishananda

                         1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11TH DAY OF MARCH, 2022

                      BEFORE

      THE HON'BLE MR. JUSTICE V. SRISHANANDA

          CRIMINAL PETITION NO.904/2022

BETWEEN

SARTHAK SETHI
S/O DEEPAK SETHI,
AGED ABOUT 22 YEARS,
LALALAJPAL RAI COLONY,
RAISEB ROAD,
BEHIND DURJEET SHOWROOM,
BHOPAL, HUZUR OVINDPOURA,
BHOPAL,
MANDHYA PRADESH-462023
                                       ...PETITIONER
(BY SRI HASHMATH PASHA, SR. COUNSEL FOR
SRI NASIR ALI BY HP UNIQUE AND CO., ADVOCATE)

AND

STATE OF KARNATAKA BY
BANGALORE CITY RAILWAY POLICE,
REP. BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-01.
                                      ...RESPONDENT
(BY SRI RAHUL RAI.K, HCGP)

     THIS PETITION IS FILED UNDER SECTION 439 OF
THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.78/2021 OF BENGALURU CITY RAILWAY
                              2

P.S., KARNATAKA RAILWAY, FOR THE OFFENCE P/U/S
306,507,384,385,420,294 OF IPC PENDING ON THE FILE
OF THE 41ST A.C.M.M, BENGALURU.

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

                          ORDER

1. Heard Sri Hashmath Pasha, learned Senior Counsel, appearing on behalf of Sri Nasir Ali, for the petitioner and Sri Rahul Rai.K., learned High Court Government Pleader for the respondent State and perused the records.

2. When the case was taken up in the morning session Sri Hashmath Pasha submitted that today is the 56th day of the arrest of the accused-petitioner that is being 10.01.2022 and he has the definite information that the prosecution has not filed charge sheet against the petitioner herein and therefore, without expecting a formal application under Section 167(2) Cr.PC., submission on behalf of the counsel for the petitioner be placed on record that he is ready to furnish a suitable bond for his appearance and to enlarge him on bail by resorting to the 3 powers vested with the Trial Court as well as this court under Section 167(2) of Cr.PC.

3. In order to ascertain the said aspect, the matter was passed over to the afternoon session.

4. Learned High Court Government Pleader, in the afternoon session on verification submits that charge sheet is not filed. However, learned High Court Government Pleader also submits that application under Section 167(2) Cr.PC., has been filed by the petitioner before the Trial Court. If the petitioner has already approached the Trial Court, who has sent the accused to judicial custody, the Trial Court is directed to consider the application filed by the petitioner under Section 167(2) Cr.PC., today itself and dispose of the same in accordance with law.

With the above observation, the petition stands disposed of.

Sd/-

JUDGE PL*

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