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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 4^TH DAY OF DECEMBER 2019

BEFORE

THE HON’BLE MR. JUSTICE P.G.M.PATIL

CRIMINAL PETITION NO.101702/2019

BETWEEN:

1.

SHANTAVVA IRAPPA B.PATIL

AGE: 32 YEARS, OCC: HOUSEHOLD,

R/O: HULKUND, TAL:RAMDRUG,

DIST: BELAGAVI.

2.

LAXMAPPA SHESHAPPA MARADDI

AGE: 70 YEARS, OCC: AGRICULTUE,

R/O: BAGOJIKOPP,

TAL: RAMDURG, DIST: BELAGAVI.

... PETITIONERS

(By Sri VIJAY K. NAIK, ADV.)

AND

THE STATE OF KARNATAKA

THROUGH KATKOL POLICE STATION,

TAL: RAMDURG, DIST: BELAGAVI,

R/BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA, DHARWAD.

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... RESPONDENT

(By Sri RAJA RAGHVENDRA NAIK, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 438 OF

CR.P.C.

SEEKING

TO

ENLARGE

THE

PETITIONERS/ACCUSED NOS.3 & 4 ON BAIL IN THE

EVENT OF THEIR ARREST, IN KATKOL P.S. CRIME

NO.33/2019 FOR THE OFFENCES U/S 341, 307, 326,

324, 504, 506, 34 OF IPC.

THIS PETITION COMING ON FOR ORDERS

THIS

DAY,

THE

COURT

PASSED

THE

FOLLOWING:

ORDER

This is an anticipatory bail petition filed

under section 438 of Cr.P.C., seeking to enlarge

the petitioners on bail, in the event of their

arrest, in Crime No.33/2019 of Katkol police

station, registered for the offences punishable

under Sections 341, 307, 326, 324, 504, 506

r/w 34 of IPC.

2. The petitioners who are arrayed as

accused Nos.3 and 4 In the FIR had previously

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filed

Crl.Misc.No.630/2019

on

the

file

of

Principal

Sessions

Judge,

Belgavi,

seeking

anticipatory bail under Section 438 of Cr.P.C.

and the said petition was heard and allowed on

3/4/2019 and the petitioners were ordered to be

enlarged on bail in the event of their arrest in

the said crime. Subsequently, the State filed

Criminal Misc.No.1781/2019 on the file of the

Principal Sessions Judge, Belgavi under Section

439(2) of Cr.P.C seeking cancellation of the bail

granted to the petitioners. The said petition was

heard on merits and was allowed by order dated

21/8/2019.

Thereby, the anticipatory bail

granted

to

the

petitioners

in

Crl.Misc.No.630/2019 by order dated 3/4/2019

was cancelled. The petitioners herein have filed

this second anticipatory bail petition under

Section 438 Cr.P.C seeking for enlargement on

bail in the event of their arrest in the aforesaid

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case. It is submitted by the learned High Court

Government Pleader that now charge sheet has

been filed for the offences punishable under

Sections 341, 302, 326, 324, 504, 506 r/w 34 of

IPC. The petitioners have not stated that the

charge sheet is filed for the offence under

Section 302 of IPC, though they are aware that

the injured died on 3/5/2019.

3. Admittedly, the petitioners had availed

the benefit of anticipatory bail under Section

438 of Cr.P.C. in the Crime No.33/2019 of

Katkol police station and subsequently, the

order of granting bail was canceled by the

Sessions

Court

by

order

dated

21/8/2019

passed in Crl.Misc.No.1781/2019.

4. Under

these

circumstances,

the

present petition filed under Section 438 of

Cr.P.C. again seeking anticipatory bail that too

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after filing the charge sheet does not arise. The

petitioners

cannot

be

permitted

to

seek

anticipatory bail under Section 438 of Cr.P.C.

for the second time.

5. Under these circumstances, this Court

is of the considered opinion that the present

petition filed under Section 438 of Cr.P.C. is not

maintainable. Accordingly, it is dismissed.

Sd/-

JUDGE

Vmb