S.R. PATALAPPA S/O RAMAYYA, PROJECT CO-ORDINATOR, ITDP, DAKSHINA KNNADA JILA PANCHAYAT Vs. THE STATE REP. BY SPP HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) THE Petitioner, who is accused in Crime No. 34/2011 of Urva Police Station, D K, is before this Court under Section 438 of the Code of Criminal Procedure, seeking bail for the offence under Sections 417, 420 and 409 of the Indian Penal Code

(2.) LEARNED Counsel for the Petitioner submits that the Petitioner has filed a bail Petition under Section 438 of Code of Criminal Procedure before the Sessions Court at Mangalore and the same came to be registered as Crl. Misc. No. 291/2011 and assigned to the III Addl. Sessions Judge for disposal. On account of transfer of III Addl. Sessions Judge, the disposal of the ease is delayed. Therefore, the Petitioner has approached this Court seeking anticipatory bail for the said offence.

(3.) LEARNED Counsel for the Petitioner has not produced copy of the order sheet in Crl. Misc. No. 291/2011. If the Judge is transferred, the in charge Judge can dispose of the urgent matters like bail petitions. 'The Petitioner has not yet exhausted the remedy available before the Sessions Court. Under such circumstances, the present Petition filed under Section 438 of Code of Criminal Procedure cannot be entertained.