High Court Karnataka High Court

Basava @ Basavaraj vs The State Of Karnataka on 26 November, 2009

Karnataka High Court
Basava @ Basavaraj vs The State Of Karnataka on 26 November, 2009
Author: L.Narayana Swamy
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD

DATED THIS THE 26th DAY OF NOVEMBER, 2999»,:*._V_

BEFORE

THE HON'BLE MR. JUSTICE L.NARAYAz\IA»£§i§VAIII§a*   "

CRIMINAL PETITION NO,t8o£»O1:g_"Q9g.A.'  "
BETWEEN: A A A

BASAVA @ BASAVARAJ
S/O HANUMANTHAPPA A . 
AGE: 40 YEARS, OCC: COOL.IE 5
R/O COWL BAZAR, BELLAR'Y;- '  

"  , j s  _  PETITIONER
(Ey Sri. S. S. PATIL'&__H. I~:."G'UL.ARAD.DI, ADVOCATES)

AND:

THE STATE OF  
REPRESENTED BYVS;P.P_ ' .
HIGH COURT OE KARNATAKA

-"-AT DI§I'A.RfagAI)_   .....   RESPONDENT

V7{By..S’I~i.. ;G(i)’TKHINDI, HCGP)

‘T=HIS’-“–“r:IaEP IS FILED U/8.439 CR.P.C BY THE

_ADvOCAT_E’ -FOR THE PETITIONER PRAYING THAT THIS

‘HON’BLE ‘COURT MAY BE PLEASED TO RELEASE THE

_ .*-PETI.T_ION’ER ON BAIL IN CRIME No.30?/1994 OF BRUCE
” “Pi£T,_ BELLARY POLICE STATION AND THE SAME IS PENDING
._]AS< "CfC.NO.119S/2009 IN JMFC BELLARY FOR THE
"-~._OP1PENCES PUNISHAELE U/SEC. 324, 325, 504, 506 {I1) OF

'=._IPC.

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DJ

service of notice. Under the circumstances, if the bai1V–i’s_ not

granted, the entire family members would be put to .,

3. The learned Govt. Pleader submits lasvit C

eight years, the petitioner avoided iserviee

absconding for almost 15 years’. The n”o_tices isVsvued:iWere; notifl

served and NBW was issued and ithesarne tuneiiecuted as
he was not traceable. Urideit. theicirourn-stances, what has been
done by the Court below is §§iro*per;–i[j

4. I have the argurnerits’ both the parties.

5. From the by the Sessions Court, Bellary,

it is seen that the a.ttitud’e”iof the petitioner which has been

‘i’~refer.feid therein show.s…that he has made an effort to escape

the._pro’siec”ution. Though he has produced number of

doeurnents show that he is having permanent address, that

‘itself nothisufficient and it is not explained as to why he

ii..javoi’d*ed Court notice and also NBW unexecuted. From the

–.if.’ord§erisheet I have taken cognizance of the attitude on the part

hofiithe petitioner. In View of the submissions made that he is

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