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Judgment
B.V. Pinto
This petition is filed seeking bail in Crime No. 117/2012 registered for the offence punishable under Sections 448, 353, 355 and 504 of IPC. Heard Smt. K.R. Vanita, learned Counsel appearing for the petitioner and Sri. G.M. Srinivasa Reddy, learned HCGP for the State.
The allegation against the petitioner is that, she has assaulted a police constable with chappal in the police station itself, for which she was arrested. The learned Magistrate was magnanimous enough to grant interim bail to the petitioner on the ground that she is a woman. However, the petitioner never cared to appear before the Court. Hence, warrant came to be issued against the petitioner. But, despite such warrant, the petitioner never appeared before the Court and the learned Magistrate has dismissed the bail application. Instead of approaching the learned Sessions Judge at Udupi, the petitioner has chosen to file this petition before this Court though she is not in custody.
Learned HCGP seriously opposes the grant of bail on the ground that Section 439 of Cr.P.C. is not applicable in this case. The submission made by the learned HCGP needs to be acceded to. Hence, petition is dismissed. However, exercising the power u/s 482 of Cr.P.C., liberty is granted to the petitioner to surrender before the Court immediately in pursuance of the non-bailable warrant issued against her. Further, being in custody, she is at liberty to file application for regular bail u/s 439 of Cr.P.C. before the learned Sessions Judge.