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2026 DAILYLAW 26786 (KAR)

MAMJUL @ MAMIJUAL @ MAMIJUL ISLAM v. THE STATE OF KARNATAKA

CRL.P/5994/2026 · 2026-07-08

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34245 CRL.P No. 5994 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5994 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: MAMJUL @ MAMIJUAL @ MAMIJUL ISLAM S/O MURSHALIM S.K AGED ABOUT 23 YEARS R/AT KALAN RADHAKANTAPUR KUCHGIRIA, KOLAN RADHAKANTAPUR MURSHIDABAD WEST BENGAL -742123 PRESENTLY R/AT. 3RD CROSS RIPKO SHANTHINIKETHAN LAYOUT MEDAHALLI, VIRGONAGAR POST BENGALURU-560046. …PETITIONER (BY SRI. SHIVSHANKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHO, K.R.PURAM POLICE STATION BENGALURU. REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. 2. BUDERU RUKAYA S/O MANRUKAYA AGED ABOUT 25 YEARS R/AT PRAVEEN APARTMENT SHED 3RD CROSS, RIPCO SHANTINIKETAN LAYOUT Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34245 CRL.P No. 5994 of 2026 MEDAHALLI, VIRGO NAGAR POST BENGALURU-560004. …RESPONDENTS (BY SMT. RASHMI JADHAV, ASPP. FOR R1: SMT. FEBA NISHA, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE ABOVE PETITIONER IN CRIME NO. 304/2024 AND IN SPL.C.NO. 982/2024 FOR THE ALLEGED OFFENCES UNDER SECTION 376(A)(B) 506 IPC AND 5(M) AND 6 OF POCSO ACT, PENDING BEFORE THE ADDL. CITY CIVIL AND SESSION JUDGE FTSC-V BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Learned counsel for the petitioner after arguing the matter for sometime submits that this petition may be dismissed as not pressed with a direction to the Trial Court to expedite the trial and dispose of the case within a time frame. 2. Learned counsel appearing for the respondent No.2 brings to the notice of this Court that the petitioner has been not cooperating before the Trial Court and that majority of the charge sheet witnesses, who are examined in the present case, have not been cross examined. The - 3 - HC-KAR NC: 2026:KHC:34245 CRL.P No. 5994 of 2026 case was listed before the Trial Court for the purpose of recording the statement of the accused under Section 313 of Cr.P.C. At that stage, accused has filed application under Section 311 of Cr.P.C to recall the witnesses. 3. Be that as it may, fact remains that petitioner is in custody in the present case from 18.04.2024. 4. Under the circumstances, the criminal petition is disposed of with a direction to the Trial Court to expedite the trial and dispose of the case on merits as expeditiously as possible, but not later than a period of eight months from the date of receipt of copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 44