IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6936/2018 BETWEEN:
1. Ramanath Kashi, S/o. Ramanathan, Aged about 54 years, 2. Ashwin Kumar, S/o.K.V.Madan Babu, Aged about 50 years, 3. Vasanth Bhat, S/o.Parameshwar Bhat, Aged about 26 years, 4. Jagannath Kulal, S/o. Bhaskar Kulal, Aged about 33 years, 5. Chaithanya, S/o. Sathya Narayan, Aged about 27 years, All are working at No.69/B, Service Road, I Stage, Domlur Layout, Opp. to Post Office, Domlur, Bengaluru-560 071. ...Petitioners (By Sri.V.S.Venkatesha Gowda, Adv. for Sri.G.Balakrishna Shastry, Adv.,) AND:
The State of Karnataka, By Basaveshwaranagar Police Station, Represented by the Special Public Prosecutor, High Court Building, 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 thier arrest in Cr.No.225/2018 of Basaveshwara Nagar Police Station, Bengaluru for the offences p/u/s 364A, 323, 504, 506, 365, 341 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.3 to 7 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.225/2018 of Basaveshwara Nagar Police Station for the offences punishable under Sections 364A, 323, 504, 506, 365 and 341 of IPC.
2. Heard the learned counsel for petitioners and learned High Court Government Pleader for respondent-State.
3. During the course of arguments, the learned High Court Government Pleader submitted that already ‘B report’ has been submitted on 10.12.2018 and no charge sheet has been filed. There is no apprehension of arrest of petitioners/accused Nos.3 to 7. When there is no case and apprehension of arrest, petition does not survive for consideration.
4. The said submission is placed on record.
5. Accordingly, petition is disposed of with the above observation.
Sd/- JUDGE VBS