RAHUL S/O SHIVAJI PHADAKE v. THE STATE OF KARNATAKA
CRL.P/103215/2025 · 2025-09-01
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65011 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65011 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11114 CRL.P No. 103215 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103215 OF 2025 (438(CR.PC)/482(BNSS))
BETWEEN:
RAHUL S/O SHIVAJI PHADAKE, AGED ABOUT 36 YEARS, OCC. BUSINESS, R/O. H.NO.2645, MANJAREKAR COLONY, HINDALAGA, BELAGAVI-591 108.
… PETITIONER (BY SRI. RAJASHEKHAR BURJI, ADVOCATE)
AND:
THE STATE OF KARNATAKA, THROUGH CEN CRIME POLICE STATION, BELAGAVI-590 001, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH.
… RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP FOR)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ALLOW THE PETITION AND ENLARGE PETITIONER/ACCUSED ON BAIL, IN THE EVENT OF HIS ARREST, ARISING OUT OF CRIME NO.52/2025 REGISTERED BEFORE BELAGAVI CITY CEN POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 316(2) OF BHARATIYA NYAYA SANHITA, 2023 AND SECTION 66(D) OF INFORMATION TECHNOLOGY ACT, 2000.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:11114 CRL.P No. 103215 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Learned counsel for the petitioner submits that the petition may be dismissed as not pressed, with liberty to the petitioner to approach the jurisdictional Court of Magistrate and to file the necessary application seeking regular bail. He submits that the petitioner has no criminal antecedents and considering the nature of allegations found against him, the learned Magistrate may be permitted to consider the bail application and dispose of the same on the merits on the same day.
2. The submission is placed on record.
3. The Criminal Petition is dismissed as not pressed, with liberty as prayed for.
4. In the event, the petitioner surrenders before the jurisdictional Court of Magistrate and files necessary application seeking regular bail, the same shall be considered and disposed of as expeditiously as possible.
VNP / CT:BCK LIST NO.: 1 SL NO.: 30 Sd/- (S.VISHWAJITH SHETTY) JUDGE