LAWS(KAR)-2023-4-275

TABRAIZE PASHA Vs. STATE OF KARNATAKA

Decided On April 05, 2023
Tabraize Pasha Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The present petition is filed under Sec. 439 of Cr.P.C., with the following prayer:

(2.) Brief facts of the case are as under: The accused-petitioner is charge sheeted for the offences punishable under Sec. 399 and 402 of IPC. The accused was granted bail. However, it is complained that accused jumped bail and later on voluntarily surrendered before the Trial Court, but the Trial Court did not accept his subsequent bail request in S.C.No.336/2019 dtd. 6/2/2023. Therefore, the petitioner is before this court seeking grant of bail.

(3.) Reiterating the grounds urged in the bail petition, Smt. EDA Nireekshna K, for Sri Paul Dhinakaran S, learned counsel for the petitioner, vehemently contended that petitioner had no intention to jump the bail and it was inevitable condition that he had to remain away from the Court and therefore, he could not appear before the Trial Court and thereafter, he volunteered to surrender and despite the same, the learned Trial Judge has rejected the bail request of the petitioner, resulting in miscarriage of justice and sought for allowing the petition.