High CourtsSingle Bench

Sri. Thirupal vs State of Karnataka

Karnataka High Court · Decided on 26 December 2012 · Citation: (2012) 12 KAR CK 0074

HON’BLE JUDGES
K.N. Keshavanarayana, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438
RESULT
Dismissed
CASE NUMBER
Criminal P. No. 7739 of 2012
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Judgment

2 paragraphs · 165 words

K.N. Keshavanarayana

1.

It is noticed that this petitioner had earlier approached this Court u/s 438 Cr.P.C. in Crl.P. No. 1918/12. This Court while dismissing the said petition on merits, directed the petitioner to surrender before the trial court and seek regular bail. Instead of surrendering himself before the trial court, the petitioner seems to have approached the Sessions Court again u/s 438 of Cr.P.C. seeking the relief of anticipatory bail. The said petition came to be rejected. Once again the petitioner is before this Court. Having regard to the fact that the earlier petition filed by this petitioner u/s 438 of Cr.P.C. came to be rejected by this Court on merits and he was directed to surrender before the trial court and then to seek regular bail, in my opinion, this successive bail petition u/s 438 of Cr.P.C. is not maintainable. Therefore, this petition is rejected. However, it is open to the petitioner to surrender himself before the trial court and seek regular bail.