SHAIK WAJEED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - Accused No.1 has filed this petition under Sec. 439 of Cr.P.C., praying to grant bail in S.C. No.58/2020 on the file of the III Additional District and Sessions Judge at Kalaburagi for the offences punishable under Ss. 302, 120B read with Sec. 34 of IPC.

(2.) Heard learned counsel Sri Ashok Mulagi for petitioner and learned High Court Government Pleader Sri Sharanabasappa M. Patil, for respondent-State.

(3.) It is contended that earlier accused was on bail, but he remained absent on 12/1/2023, as he was in custody in another case and in this regard the trial Court issued body warrant against accused No.1 for production before the trial Court. Hence, accused No.1 was produced before the trial Court on 16/2/2023, 16/3/2023, 19/4/2023 and as per the order-sheet it reveals that accused No.1 was released in Crime No.1/2023 and on 23/5/2023 he remained absent before the trial Court. Therefore, the trial Court issued non-bailable warrant against accused Nos.1 and 4. On 29/5/2023 the application of accused No.4 filed under Sec. 70(2) of Cr.PC., for recall of NBW was allowed. But, the application of accused No.1 filed under Sec. 70(2) of Cr.P.C., came to be rejected by the trial Court on 25/5/2023 and accordingly he was taken to the judicial custody.