AJITH SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. Perused the records.

(2.) The brief facts of the case are that the petitioner approached this Court, having failed to get bail before the trial Court as well as before the Sessions Court for the offence punishable under Sections 447 , 427 , 504 , and 506 of IPC. It is stated that a charge sheet has been filed in C.C.No.72/2019 before the Additional Civil Judge ( Jr.Dn.) & JMFC., Kundapura, Udupi District (Crime NO.137/2018 of Kota Police Station, Udupi), on the premise that the offences are non-bailable.

(3.) It is contended by the learned counsel for the petitioner that the offences are bailable in nature. He approached the Court by filing an application under Section 436 of Cr.P.C. The Court has converted the same into Section 437 of Cr.P.C. In that context the said bail petition was withdrawn. Thereafter petition was filed for grant of anticipatory bail before the Additional District & Sessions Judge, Udupi (Sitting at Kundapura). The Sessions Court also rejected the bail petition filed under Section 438 of Cr.P.C. on merits considering that the offences are non- bailable in nature.