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2025 DAILYLAW 36708 (KAR)

MAHAMMAD SUBHAN v. THE STATE OF KARNATAKA

CRL.P/14006/2024 · 2025-01-29

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4092 CRL.P No. 14006 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14006 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MAHAMMAD SUBHAN S/O. HUSSAIN SAB, AGED ABOUT 56 YEARS, R/AT AJEEZ GALLI, MARKET ROAD, CHIKKAMAGALURU CITY- 577101 …PETITIONER (BY SRI. ANKITH K.U., FOR SACHIN B S., ADVOCATES) AND: THE STATE OF KARNATAKA BY KADUR POLICE, CHIKKAMAGALURU. REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 …RESPONDENT (BY SMT. ASMA KOUSER, HCGP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL U/S.439 OF CR.P.C IN CONNECTION WITH S.C.NO.165/2021 IN CR.NO.140/2021 REGISTERED BY KADUR POLICE STATION FOR THE OFFENCE P/US/ 120-B, 302, 392, 201 R/W SEC.34 OF IPC ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4092 CRL.P No. 14006 of 2024 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned counsel for the petitioner seeks permission of the Court to withdraw the petition with liberty to the petitioner to file bail petition before the Sessions Court after the examination of material witnesses. 2. The petitioner is accused No.2 and he is in custody from 20.07.2021. It is submitted that trial has commenced and seven witnesses are already examined out of 45 witnesses cited in the charge sheet. 3. Learned Additional SPP submits that CW.17 to 21 are the witnesses who have last seen the deceased in the company of the accused. Therefore, they are the material witnesses. 4. In the light of the above submission made by the learned counsel for the petitioner, petition is dismissed as withdrawn, reserving liberty to the petitioner to move the Trial Court after four months. If any such petition is filed, the - 3 - NC: 2025:KHC:4092 CRL.P No. 14006 of 2024 learned Sessions Judge shall dispose of the same in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE HJ List No.: 1 Sl No.: 29