IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.7589/2018 BETWEEN :
1. Asif Pasha @ Uwes s/o late Ilias Pasha aged about 24 years R/at No.25, 2nd Floor, 3rd Cross, Behind Kalasipalya Police Station Bengaluru-560 002.
2. Aleem Khan @ Latheref S/o late Asmath Khan Aged about 25 years R/at No.137, M.D.Block Opposite Meena Masjid, Chamarajpete Bengaluru-560 026.
… Petitioners (By Sri dilraj J. Rohit Sequeira, Advocate) AND :
The State by the Kalasipalya Police Station Represented by the State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
… Respondent (By Smt. Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.147/2016 (C.C.No.11185/2017) of Kalasipalya Police Station, Bengaluru City for the offence punishable under Section 394 r/w. Section 397 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R After hearing the learned counsel for the petitioners for some time and on perusal of the charge sheet material which is made available, it is noticed that accused Nos.1 and 3-petitioners herein were apprehended and already they have been released on bail. In that light, this petition filed under Section 438 of Cr.P.C. is not maintainable.
Accordingly, petition is disposed of as not maintainable. However, liberty is reserved to the petitioners to approach the trial Court for regular bail. If such an application is filed by the petitioners, the same shall be considered by the trial Court expeditiously.
Sd/- JUDGE *ck/-