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  3. High Court Of Karnatak/
  4. 2024/
  5. November

Mohammed Marshad N vs. the State of Karnataka

Decided on 29 November 2024• Citation: CRL.P/11498/2024• High Court of Karnatak
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                                          - 1 -                                     
                                                     NC: 2024:KHC:49094             
                                                CRL.P No. 11498 of 2024             
                    IN THE HIGH COURT  OF KARNATAKA  AT BENGALURU                   
                                        TH                                          
                      DATED  THIS THE 29  DAY OF NOVEMBER,  2024                    
                                        BEFORE                                      
                      THE HON'BLE MR JUSTICE S VISHWAJITH  SHETTY                   
                          CRIMINAL PETITION NO. 11498 OF 2024                       
                  BETWEEN:                                                          
                  MOHAMMED  MARSHAD  N                                              
                  S/O N ABDUL REHAMAN,                                              
                  AGED ABOUT 28 YEARS,                                              
                  RESIDING AT MASHOOD MANZIL,                                       
                  URDILTHADKA, BC ROAD,                                             
                  KUNTIKANA, NIRCHAL,                                               
                  KASARGOD, KERALA.                                                 
                                                          …PETITIONER               
                  (BY SRI. LETHIF B., ADVOCATE)                                     
                  AND:                                                              
                  THE STATE OF KARNATAKA                                            
                  UDUPI CEN POLICE STATION,                                         
                  UDUPI DISTRICT,                                                   
                  REPRESENTED BY SPP,                                               
                  HIGH COURT BUILDING,                                              
                  BANGALORE  - 560001.                                              
    Digitally signed by                                                             
    REKHA R                                                                         
                                                         …RESPONDENT                
    Location: High Court of                                                         
    Karnataka     (BY SRI. CHANNAPA ERAPPA, HCGP)                                   
                       THIS CRIMINAL PETITION IS FILED UNDER SECTION 438            
                  OF CR.P.C. (FILED UNDER SECTION 482 BNSS) PRAYING TO              
                  RELEASE  HIM  ON BAIL  IN THE  EVENT OF  ARREST  IN               
                  CR.NO.62/2024 OF UDUPI CEN P.S. UDUPI DISTRICT FOR THE            
                  OFFENCE PUNISHABLE UNDER  SECTION 66(c)(d) OF I.T. ACT            
                  AND  SECTION 318(4) OF BNS PENDING ON THE FILE OF V               
                  ADDITIONAL CIVIL JUDGE AND J.M.F.C COURT, UDUPI.                  

                                          - 2 -                                     
                                                     NC: 2024:KHC:49094             
                                                CRL.P No. 11498 of 2024             
                       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,               
                  ORDER WAS  MADE THEREIN AS UNDER:                                 
                  CORAM:   HON'BLE MR JUSTICE S VISHWAJITH SHETTY                   
                                      ORAL ORDER                                    
                       Learned counsel for the petitioner after arguing the         
                  matter for sometime, submits that money has not been              
                  transferred to the account of the petitioner herein and he        
                  is ready and willing to cooperate with the Police for the         
                  purpose of investigation. He submits this petition may be         
                  dismissed as not pressed with liberty to the petitioner to        
                  surrender before the  Jurisdictional Court and make               
                  necessary application seeking regular bail. He further            
                  submits that considering the facts and circumstances of           
                  the case, the concerned Court may be directed to consider         
                  the regular bail application filed by the petitioner on merits    
                  and dispose of the same expeditiously.                            
                       2.  The  aforesaid submission is placed on record.           
                  Petition is dismissed as not pressed with liberty as              
                  prayed for.                                                       

                                          - 3 -                                     
                                                     NC: 2024:KHC:49094             
                                                CRL.P No. 11498 of 2024             
                       3.  In the event, petitioner surrenders before the           
                  Jurisdictional Court and makes necessary application              
                  seeking regular bail, the same shall be considered on             
                  merits and disposed of as expeditiously as possible.              
                                                  SD/-                              
                                         (S VISHWAJITH  SHETTY)                     
                                                 JUDGE                              
                  ASN                                                               
                  List No.: 1 Sl No.: 30