IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.5193/2019 BETWEEN:
MANJUNATHA @ THODALU MANJA S/O. LATE SHANKAR AGED ABOUT 33 YEARS R/AT NO.1782, II MAIN, III CROSS, PATTEGARAPALYA BASAVESHWARANAGARA BENGALURU – 560 040 ... PETITIONER [BY SRI. RAJAKUMAR H.K., ADV.] AND:
STATE OF KARNATAKA BASAVESHWARANAGARA POLICE STATION BENGALURU – 560 079 REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] THIS PETITION IS FILED UNDER SECTION 439 OF CR.PC, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.104/2014 OF BASAVESHWARA NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S. 399, 402 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard and perused the records.
2. The records disclose that the petitioner was granted bail earlier in Crime No.104/2014, later culminated in CC No.9889/2019 on the file of the Principal City Civil and Sessions Judge at Bengaluru and thereafter the petitioner has not appeared before the Court.
3. Learned counsel for the petitioner submitted that the petitioner actually appeared before the Court and filed exemption application which was rejected and warrant was issued. Thereafter, he approached this Court for grant of anticipatory bail. It is during the course of judicial proceedings, warrant has been issued. It is not that accused was not aware of the proceedings before the trial Court. The only option available to the petitioner is to get warrant issued against him recalled by surrendering before the Court and explaining as to why he could not appear before the Court on the date fixed for his appearance. Therefore, the question of granting bail, under the above said circumstances, does not arise.
Hence, petition is devoid of merits and is liable to be dismissed and accordingly petition is dismissed.
Sd/-
JUDGE AN/-