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2022 DIGILAW 4 (KAR)

Mujahidulla v. State of Karnataka

2022-01-03

H.P.SANDESH

body2022
JUDGMENT H.P.SANDESH,J. - This petition is filed under Sec. 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest in respect of Crime No.15/2014 registered by the Cubbon Park Police Station, Bengaluru, for the offence punishable under Sec. 379 of IPC and Sec. 87 of the Karnataka Forest Act. 2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State. 3. The factual matrix of the case is that the police have registered the case against the petitioners and other accused persons for the offence punishable under Sec. 379 of IPC and Sec. 87 of the Karnataka Forest Act and the petitioners were granted bail and thereafter charge-sheet was filed and after filing of the charge-sheet, cognizance was taken and the summons was issued against the accused and the accused did not appear before the Trial Court. The petitioners instead of filing necessary application before the Trial Court, filed a petition under Sec. 438 of Cr.P.C. and the same was rejected on the ground that the petition is not maintainable once they have already been enlarged on bail. 4. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that on the very same ground only the bail petition was rejected. 5. Having heard the respective learned counsel, it is not in dispute that earlier the petitioners were granted bail and thereafter they appeared before the Trial Court during the crime stage and after filing of the charge-sheet, cognizance was taken and summons was issued against the petitioners, but they did not appear before the Trial Court. The order sheet reveals that the summons was not served against the petitioners and when the summons was not served, NBW was issued and having taken note of the said factual aspect of the case, it is appropriate to direct the petitioners to approach the Trial Court by filing the necessary application for recalling the warrant issued against the petitioners. The petition filed before this Court under Sec. 438 of Cr.P.C. is not maintainable once the petitioners have been enlarged on bail. With these observations, the petition is disposed of.