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2025 DAILYLAW 85079 (KAR)

RAMESH S/O UDDAPPA KHILARI v. STATE OF KARNATAKA

CRL.P/102497/2025 · 2025-08-20

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10498 CRL.P No. 102497 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102497 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: RAMESH S/O UDDAPPA KHILARI, AGE. 22 YEARS, OCC. STUDENT, R/O. BENACHIMARADI, TQ. GOKAK, DIST. BELAGAVI. … PETITIONER (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH GOKAK TOWN POLICE STATION, DIST. BELAGAVI-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CC NO.8700/2023 (CRIME NO.128/2023 OF GOKAK TOWN POLICE STATION) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 341, 323, 354, 395, 504, 506 R/W 149 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. 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 - 2 - HC-KAR NC: 2025:KHC-D:10498 CRL.P No. 102497 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel for the petitioner after arguing the matter for sometime submits that, petition may be dismissed as not pressed with liberty the petitioner to appear before the Trial Court and file necessary application to recall the non bailable warrant / release the petitioner on bail. He submits that in the present case petitioner was produced under body warrant before the learned Magistrate and was remanded to police custody at the requisition made by the prosecution and thereafter he was produced before the learned Magistrate and remanded to judicial custody in the original case i.e. Crime No.132 of 2023 registered by Gokak Police Station. He submits that having regard to the aforesaid aspects of the matter, the learned Magistrate may be directed to consider the application of the petitioner on the same day and dispose of the same on merits. 2. The said submission is placed on the record. 3. The petition is dismissed as not pressed with liberty to the petitioner to appear before the Jurisdictional Court of - 3 - HC-KAR NC: 2025:KHC-D:10498 CRL.P No. 102497 of 2025 Magistrate and file necessary application for recall of the non- bailable warrant / release him on bail. In the event, petitioner appears before the learned Magistrate and files such application, the same shall be considered on merits and disposed of as expeditiously as possible. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS/CT:BCK LIST NO.: 1 SL NO.: 10