IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.8706 OF 2017 BETWEEN:
Sri.H.K.Sathish, S/o.Krishnappa, Aged 37 years, R/at 90/6, 7th Cross, Ittamadu, BSK III Stage, Hosakerehalli, Bengaluru-560 085. … Petitioner (By Sri.Veeranna G. Tigadi, Advocate) AND:
Sri.H.N.Sridhara Swamy, S/o.H.V.Narayana Murthy, Aged: 42 years, R/o. Haralakere Village, Seegehallik Post, Mayasandra Hobli, Thuruvekere Taluk, Tumkur District-572 213.
Also working as a teacher, Govt. Primary School, Ettigenahalli Village, Mayasandra Hobli, Thuruvekere Taluk.
Tumkur District-572 213. … Respondent (Respondent served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to setting aside the impugned order dated 20.07.2017 passed by the XIX A.C.M.M at Bengaluru in C.C.No.24159/2016, Annexure-E.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri.Veeranna G. Tigadi, learned counsel for the petitioner.
None for respondent though served.
Heard on the question of admission. The petition is admitted for hearing and heard finally.
2. In this petition under Section 482 of Code of Criminal Procedure (hereinafter referred to as ‘the Code’ for short), the petitioner has assailed the validity of the order dated 20.07.2017 passed by the XIX Additional Chief Metropolitan Magistrate Court, Nrupathunga Road, Bengaluru, by which an application filed by the petitioner for issuance of non-bailable warrant has been rejected on the ground that similar application was already rejected by the trial Court on 12.07.2017.
3. After arguing the matter to some extent, learned counsel for the petitioner submits that the petitioner be granted liberty to file an application seeking attachment of movables of the respondent.
4. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to dispose of this petition under Section 482 of the Code with a direction to the learned Magistrate that in case the petitioner files an application for attachment of the movables, the learned Magistrate shall deal with the application afresh in accordance with law by a speaking order, after affording an opportunity of hearing to the respondent, without being influenced by the observations contained under the order dated 20.07.2017. Ordered accordingly.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-