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2025 DAILYLAW 8114 (KAR)

MR. MOHAMMAD BILAL KHAN S/O ASAD KHAN PATHAN v. THE STATE OF KARNATAKA

CRL.P/103708/2024 · 2025-02-01

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2056 CRL.P No. 103708 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 01ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.103708 OF 2024 BETWEEN: MR. MOHAMMAD BILAL KHAN S/O ASAD KHAN PATHAN, AGE: 30 YEARS, OCC: DRIVER, R/O NUTAN NAGAR, JADDI, TALUK: YELLAPUR DISTRICT: KARWAR. …PETITIONER (BY SRI. L.S. SULLAD, ADVOCATE FOR SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: THE STATE OF KARNATAKA (PSI - YELLAPUR POLICE STATION) REPRESENTED BY S.P.P., HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE (UNDER SECTION 482 OF BNSS), SEEKING TO ALLOW THE PRESENT PETITION BY RELAXATION OF CONDITION IMPOSED BY THIS HON'BLE COURT IN CRIMINAL PETITION NO.101974/2018 DATED Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:2056 CRL.P No. 103708 of 2024 20.12.2018 IN CRIME NO.153/2018 (SPL. SC NO.119/2023) OF YELLAPUR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147,148, 323, 324, 341, 504 AND 506 READ WITH SECTION 149 OF INDIAN PENAL CODE AND SECTION 3(1)(r)(s) OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) (AMENDMENT) ACT, 2015 PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE UTTAKA KANNADA-KARWAR. THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) Petitioner is seeking relaxation of condition No.2 imposed by this Court in Criminal Petition No.101974/2018 dated 20.12.2018, wherein he was directed to appear before the Investigating Officer within a period of two weeks from the date of receipt of a copy of the order. 2. In Crime No.153/2018 registered by Yellapur Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 341, 504 and 506 read with Section 149 of Indian Penal Code, petitioner is arraigned as accused No.2. - 3 - NC: 2025:KHC-D:2056 CRL.P No. 103708 of 2024 This Court enlarged him on Anticipatory Bail on certain terms and conditions. He was directed to appear before the Investigating Officer within a period of two weeks from the date of receipt of the order. The order was passed on 20.12.2018. After about six years, petitioner has preferred this petition to relax the said condition to appear before the Investigating Officer, which shows that for six years, petitioner has not complied with the direction/condition. 3. The grounds urged by the petitioner is that he traveled to Dubai on 12.12.2018 and he was not granted leave by the employer and therefore, he was unable to come to India and appear before the Investigating Officer as directed by this Court. 4. As per the submission made, the petitioner went to Dubai after filing the petition and even before the order was passed by this Court. When the bail petition was pending before this Court, without informing the Court, petitioner has traveled outside the country. The conduct of the petitioner does not entitle him any relief. Moreover, this petition is liable to be dismissed, on the ground of inordinate delay. I find no reason - 4 - NC: 2025:KHC-D:2056 CRL.P No. 103708 of 2024 to entertain the petition and to relax the condition. Hence, the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE ARK List No.: 19 Sl No.: 1