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Judgment
S Vishwajith Shetty, J
Learned counsel for the petitioner after arguing the matter for some time submits that considering the allegations found as against the petitioner, this Court in Criminal Petition No.9455/2018 disposed off on 26.02.2019 has granted anticipatory bail to the petitioner at crime stage itself. Subsequently, charge sheet has been filed against him and other accused persons for the offence punishable under Section 306 of Indian Penal Code.
Learned counsel submits that the petitioner could not appear before the Court of Magistrate in view of his ill- health. Learned counsel has also produced certain medical documents of the petitioner in support of his submission. He submits that this petition may be dismissed as not pressed with liberty to the petitioner to surrender before the jurisdictional Court and file necessary application seeking regular bail.
Considering the health condition of the petitioner and also the nature of allegation as against him, the said Court may be directed to consider the application of the petitioner seeking regular bail on the same day.
Learned High Court Government Pleader does not seriously oppose such a prayer made by the learned counsel for the petitioner.
Under the circumstance, the Criminal Petition is dismissed as not pressed with liberty as prayed for.
In the event the petitioner surrenders before the jurisdictional Court and files necessary application seeking regular bail, the same shall be considered on merits and disposed of on the same day.