MOHAMMAD SIRAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking to quash the order dtd. 18/4/2023 passed by the VI Addl. District & Sessions Judge, D.K., Mangaluru, in S.C.No.63/2020 and allow the application dtd. 1/4/2023 and release the petitioner from judicial custody.

(2.) Heard learned Counsel Sri Dinesh Kumar Rao appearing for the petitioner and the learned HCGP for the respondent.

(3.) Facts in brief germane are as follows: On 24/1/2020, a complaint comes to be registered against one Annayya in Crime No.6/2020 for the offence punishable under Sec. 302 IPC. The police after investigation filed a charge sheet and while so doing roped in the petitioner as accused no.2. The petitioner on being roped in as accused no.2 by filing the charge sheet, seeks and is enlarged on bail on 12/1/2021 in S.C.No.63/2020. Since the petitioner was not present at the time/dates on which the matter was taken up by the concerned court, on 1/4/2023, a non-bailable warrant was issued against the petitioner and he was produced before the court on 8/2/2023 and the court on the said date remands the petitioner to judicial custody notwithstanding the fact that the bail that was granted to him was still in subsistence/operation. It is this act that drives the petitioner to this Court in the subject petition.