IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5029/2013 BETWEEN:
Mr. Surojit Kumar Hazra S/o late Harish, Chandra Hazra, Aged about 65 years, R/o No.47/35, Ramakrishna Ghosh Road, P.S. Sinthee, Kolkatta – 700 050. …Petitioner (By Sri. Vivek Subba Reddy, Senior Counsel) AND:
1. The State of Karnataka, Represented by its Ashoknagar Police Station, State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
2. Kotak Mahindra Bank Ltd., No.501-3, 5th Floor, Raheja Towers, 26/27, M.G. Road, Bengaluru – 560 001.
Rep. by its Assistant Manager, Mr. Nachappa Arumanamola. ...Respondents (By Sri. I.S. Pramod Chandra, SPP-II for R-1 R-2 served and unrepresented) This Criminal petition is filed under Section 482 of Cr.P.C. praying to allow this petition and quash the order dated 03.02.2009 in C.C. No.28480/2009 passed by the XIV ACMM, Bengaluru wherein a non-bailable order came to be issued.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard the learned counsel appearing for the petitioner and learned SPP-II appearing for respondent No.1.
2. The petitioner has called in question the order dated 03.02.2009 passed by the XIV Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28480/2009 wherein, the learned Magistrate has issued non-bailable warrant to the petitioner.
3. It is stated that pursuant to the said warrant, petitioner was arrested on 23.06.2013 in Kolkata and he was remanded to judicial custody and since then the petitioner is languishing in jail at Presidency Correctional Home, Kolkata.
4. By order of this Court dated 14.08.2013, the petitioner was ordered to be released on bail subject to executing a personal bond in a sum of Rs.10,000/- to the satisfaction of ACJM’s Court, Sealdah with an undertaking to appear as and when called for.
5. In view of the above, no further order is required to be passed in the matter. However, as learned counsel insists that since the learned Magistrate has not recalled the warrant issued against the petitioner, the same be recalled.
6. Having regard to the above facts and circumstances, the non-bailable warrant issued against the petitioner stands recalled.
The petition is disposed of accordingly.
Sd/- JUDGE MBM