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2025 DAILYLAW 47349 (KAR)

SHRI. MALIK S/O ISMAIL METIPATIL v. THE STATE OF KARNATAKA

CRL.P/101801/2025 · 2025-06-09

Venkatesh Naik T

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:7442 CRL.P No. 101801 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101801 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: 1. SHRI. MALIK S/O. ISMAIL METIPATIL, AGE: 19 YEARS, OCC: AGRICULTURE, R/O. JANAWAD, TQ. ATHANI, DIST. BELAGAVI, PIN CODE-597260. 2. SHRI. ISMAIL S/O. IMAMASAB METIPATIL, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. JANAWAD, TALUKA: ATHANI, DIST. BELAGAVI, PIN CODE-597260. …PETITIONERS (BY SRI. PRIYANKA HANUMANTH PAWAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ATHANI POLICE, TALUKA. ATHANI, DIST. BELAGAVI, REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.PC., (482 OF BNSS) SEEKING TO ALLOWED AND PETITIONERS BE ENLARGED ON ANTICIPATORY BAIL AND MAY KINDLY BE ORDERED TO BE RELEASED EVENT OF ARREST IN ATHANI P.S CRIME NO.116/2025 FOR THE OFFENCE PUNISHABLE U/S. 118(2), 109(1), 351(2), 352 R/W. 3(5) OF BNS 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DN) AND JMFC ATHANI, BELAGAUM IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7442 CRL.P No. 101801 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned counsel for the petitioners Kum.Priyanka H. Pawar has filed a memo stating that petitioners have filed this petition under Section 438 of Cr.P.C. for grant of anticipatory bail. However, on 26.04.2025, petitioners have been arrested by the respondent-Police and petition has become infructuous. Memo reads as under: “In the top noted petition the petitioner No.1/accused No.2 has been arrested on 26.04.2025. Since the said petition was filed seeking anticipatory bail, the said petitioner has been already been arrested the petition does not survive for consideration as so for as accuse No.1 is concerned. Hence humble request is to consider the prayer and permit me to consider as “not pressed” with regard to the petitioner No.1 here is concerned with the permission the Hon’ble court. Reserving liberty to file appropriate petition for Regular bail, in the interest of justice. “ - 3 - HC-KAR NC: 2025:KHC-D:7442 CRL.P No. 101801 of 2025 Memo is placed on record. In view of the memo, petition is dismissed as withdrawn. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 13