IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8812 OF 2018 BETWEEN:
HARISH NAIKA S/O. PATHI NAIKA AGED ABOUT 20 YEARS, OCCUPATION: COOLIE, RESIDING AT AMBARAGOPPA VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577 427 (BY SRI P. PRASANNA KUMAR, ADV.) AND:
…PETITIONER STATE OF KARNATAKA, BY SHIKARIPURA RURAL POLICE STATION, SHIKARIPURA CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO. 208/2018 OF SHIKARIPURA RURAL POLICE STATION, SHIVAMOGGA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS, 366, 376 (2)(n), 506 OF IPC AND SECTION 6 OF POCSO ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R On the previous date of hearing on 10.10.2019, this Court has made an observation that as there was no representation in the case, an opportunity was given posting the case to today, with a direction that if counsel does not appears on that day, the petition shall be dismissed for non-prosecution.
2. Today, the learned counsel Sri P. Prasanna Kumar appearing for the petitioner submits before the Court that he has no instruction from the client and the client has already taken away the file from him long back and he does not know whether the petitioner has engaged any other counsel or not to prosecute the case further.
3. In view of the submission made by the learned counsel for the petitioner and also in view of the fact that the matter is of the year 2018, there is no fun in continuing the case on the board. Therefore, with liberty to the petitioner if need arises to make necessary application for re-calling, I feel it is just and necessary to dismiss the petition for non-prosecution.
Hence, the petition is dismissed for non- prosecution.
Sd/- JUDGE Sbs*