Hanumanthashetty H K vs State on 25 June, 2018

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Karnataka High Court

Hanumanthashetty H K vs State on 25 June, 2018

Bench: K.N.Phaneendra

                           1


     THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF JUNE 2018

                       BEFORE

      THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

         CRIMINAL PETITION NO.3598 OF 2018

BETWEEN:

1.    HANUMANTHASHETTY H.K.
      S/O H.T.KRISHNA SHETTY
      AGED ABOUT 27 YEARS

2.    H.T.VENKATESH
      S/O LATE THIRUMALA SHETTY
      AGED ABOUT 35 YEARS

3.    VENKATESH
      S/O KARISHETTY
      AGED ABOUT 35 YEARS
      R/O HOSAPETE HULIYURDURGA - 572 123
      KUNIGAL TALUK.

4.    SMT.AKKAMMA
      W/O LATE THIRUMALA SHETTY
      AGED ABOUT 75 YEARS

PETITIONERS 1, 2 AND 4 ARE
R/O VAJRA PALYA
D.HOSHALLI POST
HULIYURUDURGA HOBLI - 572 123
KUNIGAL TALUK
TUMAKURU DISTRICT.
                                      ... PETITIONERS

(BY SRI.T.GOVINDA RAJA, ADV.)
                               2


AND:

STATE
BY HULIYURDURGA POLICE
                                            ...RESPONDENT
(BY SRI.S.RACHAIAH, HCGP)

      THIS PETITION IS FILED UNDER SECTION 482 R/W 438
CR.P.C WITH A PRAYER TO SET ASIDE THE ORDER OF THE
CASE IN CRL.MISC.NO.416/2018 ON THE FILE OF II
ADDITIONAL     SESSIONS    JDUGE,   TUMAKURU    DATED
02.05.2018 IN CONNECTION WITH THE CR.NO.106/2018 OF
THE ALLEGED CRIME UNDER SECTION 504, 506, 324, 354 (B)
R/W 34 OF Indian Penal Code OF THE HULIYURDURGA
POLICE STATION, KUNIGAL CIRCLE, TUMAKURU DISTRICT
AND ALLOW THE PETITION IN FAVOUR OF THE PETITIONERS
AND THEREBY ENLARGING THE BAIL ON THE EVENT OF
ARREST IN ANY BY THE ABOVE SAID POLICE IN
CONNECTION WITH THE SAID CR.NO.106/2018.

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

                         ORDER

The petitioner has invoked concurrent jurisdiction of this Court under Section 438 of Code of Criminal Procedure and also challenging the order passed by II Additional Sessions Judge at Tumkur in rejecting the bail petition under Section 438 of Cr.P.C. This Court exercising the powers under Section 438 of Cr.P.C., has concurrent jurisdiction to grant or refuse bail. Therefore, this matter has to be placed before the Court having roaster for provision under Section 438 of Cr.P.C. 3

2. Registry is hereby directed to post this case before the Court having roaster under Section 438 of Cr.P.C.

3. As the learned counsel pleaded for urgency, Registry to take appropriate orders from Hon'ble Chief Justice and post this case before the court having roaster as expeditiously as possible.

For all practical and statistical purposes, this criminal petition is ordered to be disposed of.

Sd/-

JUDGE SS/

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