IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY 2017 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9560/2016 BETWEEN:
RAVI S/O NINGAIAH, AGED ABOUT 27 YEARS, R/AT BELAGULI VILLAGE, RAMANATHAPURA HOBLI, ARAKALGUD TALUK, HASSAN DISTRICT – 573 201.
…PETITIONER (BY SRI GIRISH B.BALADARE, ADVOCATE) AND:
STATE BY KONANUR POLICE, ARAKALGUD TALUK, HASSAN DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01.
...RESPONDENT (BY SRI S.VISHWA MURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.78/2016 OF KONANUR P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 506, 376, 354, 114 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R At the out set, learned counsel for the petitioner submits that accused Nos.2 and 3 had filed Crl.P.No.4475/2016 and by order dated 6.9.2016, this Court dismissed the said petition as withdrawn with certain observations and he would be satisfied, if this petition is also disposed of with an identical order.
2. The earlier order in respect of accused Nos.2 and 3 is not disputed by the prosecution. In the premise, this petition is also disposed of with the same order as contained in Crl.P.No.4475/2016 dated 6.9.2016, which reads as follows:
“Learned counsel for the petitioner, after arguing the matter for some time, prays permission of the Court to withdraw this petition as not pressed by granting liberty to the petitioner to voluntarily surrender before the concerned Court/Sessions Court and apply for regular bail, in which event, concerned Court/Sessions Court may be directed to consider the bail application on the same day.
2. Learned HCGP appearing for the respondent –State submits that in the event of petitioner voluntarily surrendering before the concerned Court/Sessions Court and applying for bail by serving copy of the bail application well in advance on the concerned Public Prosecutor, he would instruct his counterpart to file objections on the same day. Submissions made by learned counsel appearing for the parties are placed on record. Hence, the following:
ORDER (1) The petition is dismissed as withdrawn.
(2) In the event of petitioner voluntarily surrendering before the concerned Court/Sessions Court and applying for bail by serving copy of the bail application five days in advance on the concerned Public Prosecutor, the concerned Public Prosecutor shall file objections without seeking time and in that event concerned Court/Sessions Court shall consider and dispose of the bail application as expeditiously as possible in the facts and circumstances of the case, preferably on the same day, on merits and in accordance with law.”
Petition disposed of.
Sd/- JUDGE PB