Mr. Shaju Krishnan Nair vs. State Of Karnataka
Original PDF →CRL.P/9212/2023HC KarnatakaGSTCNR KAHC01050186202303 October 2023Bench: S VISHWAJITH SHETTY4 pages
For Petitioner: SRI K. PRASANNA SHETTY, ADVFor Respondent: SRI BELLIYAPPA, ADV., A/W SMT. N. ANITHA GIRISH, HCGP
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Cause title — parties, addresses and appearances
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NC: 2023:KHC:35713
CRL.P No. 9276 of 2023
C/W CRL.P No. 9212 of 2023
CRL.P No. 9210 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9276 OF 2023
C/W
CRIMINAL PETITION NO. 9212 OF 2023,
CRIMINAL PETITION NO. 9210 OF 2023
IN CRL.P.NO.9276/2023:
BETWEEN:
MRS RIYA SHAJU NAIR
W/O MR SHAJU KRISHNAN NAIR
AGED ABOUT 40 YEARS
R/O NO 353, 1ST FLOOR
DUO MARVEL LAYOUT
2ND MAIN, ANANTHAPURA
MAIN ROAD, YELAHANKA
NEW TOWN, BENGALURU - 560 064.
…PETITIONER
(BY SRI K. PRASANNA SHETTY, ADV.)
AND:
STATE OF KARNATAKA
THROUGH THE OFFICE OF
ADDITIONAL COMMISSIONER OF
COMMERCIAL TAXES
(ENFORECEMENT), SOUTH ZONE
HAVING OFFICE AT ROOM NO. 201
2ND FLOOR, VTK -2 BUILDING
RAJENDRA NAGAR, KORAMANGALA
BENGALURU - 560 047.
…RESPONDENT
(BY SRI BELLIYAPPA, ADV., A/W
SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P FILED U/S.438 CR.P.C PRAYING TO DIRECT THE
RESPONDENT TO ENLARGE THE PETITIONER HEREIN ON AIL IN THE
Digitally
signed by B A
KRISHNA
KUMAR
Location:
HIGH COURT
OF
KARNATAKA
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NC: 2023:KHC:35713
CRL.P No. 9276 of 2023
C/W CRL.P No. 9212 of 2023
CRL.P No. 9210 of 2023
EVENT OF HIS ARREST BY THE RESPONDENT WITH RESPECT TO
OFFICE P/U/S 132 OF THE CENTRAL GOODS AND SERVICES TAX
ACT.THE LX ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU
HAS
REJECTED
THE
BAIL
PETITION
ON
15.09.2023
IN
CRL.MISC.NO.8505/2023I.
IN CRL.P.NO.9212/2023:
BETWEEN:
MR. SHAJU KRISHNAN NAIR,
S/O LATE P V KRISHNAN NAIR
AGED ABOUT 49 YEARS
R/O NO.353, IST FLOOR
DUO MARVEL LAYOUT
2ND MAIN, ANANTHAPURA
MAIN ROAD, YELAHANKA NEW TOWN
BENGALURU - 560 064.
…PETITIONER
(BY SRI K. PRASANNA SHETTY, ADV.)
AND:
STATE OF KARNATAKA
THROUGH THE OFFICE OF
ADDITIONAL COMMISSIONER
OF COMMERCIAL TAXES (ENFORCEMENT)
SOUTH ZONE, HAVING OFFICE AT
ROOM NO.201, 2ND FLOOR
V T K-2 BUILDING, RAJENDRA NAGAR
KORAMANGALA, BENGALURU - 560 047.
…RESPONDENT
(BY SRI BELLIYAPPA, ADV., A/W
SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P FILED U/S 438 CR.PC PRAYING TO DIRECT THE
RESPONDENT TO ENLARGE THE PETITIONER HEREIN ON BAIL IN
THE EVENT OF HIS ARREST BY THE RESPONDENT WITH RESPECT TO
OFFENCE U/S 132 OF THE CENTRAL GOODS AND SERVICES TAX
ACT, 2017, SUCH MAY BE DONE.
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NC: 2023:KHC:35713
CRL.P No. 9276 of 2023
C/W CRL.P No. 9212 of 2023
CRL.P No. 9210 of 2023
IN CRL.P.NO.9210/2023:
BETWEEN:
MR. RAJKUMAR KRISHNAN NAIR
S/O LATE P V KRISHNAN NAIR
AGED ABOUT 47 YEARS
PROPRIETOR, SRI RAGHAVENDRA
TRANSPORT CO., HAVING ITS
PRINCIPAL PLACE OF BUSINESS
AT DAM ROAD NO 23, INDUSTRIAL
ESTATE, NEAR SAI BABA CIRCLE
HOSPET, BELLARY, KARNATAKA - 583 201.
…PETITIONER
(BY SRI K. PRASANNA SHETTY, ADV.)
AND:
STATE OF KARNATAKA
THROUGH THE OFFICE OF
ADDITIONAL COMMISSIONER OF
COMMERCIAL TAXES (ENFORCEMENT)
SOUTH ZONE, HAVING OFFICE AT
ROOM NO 201, 2ND FLOOR
V.T.K 2 BUILDING, RAJENDRA NAGAR
KORAMANGALA, BENGALURU - 560 047.
…RESPONDENT
(BY SRI BELLIYAPPA, ADV., A/W
SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE
RESPONDENT WITH RESPECT TO OFFENCE P/U/S 132 OF THE
CENTRAL GOODS AND SERVICES TAX ACT THE LX ADDL.CITY CIVIL
AND SESSIONS JUDGE, BENGALURU HAS REJECTED THE BAIL
PETITION ON 15.09.2023 IN CRL.MISC.NO.8506/2023.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:35713
CRL.P No. 9276 of 2023
C/W CRL.P No. 9212 of 2023
CRL.P No. 9210 of 2023
ORDER
1.
Learned Counsel for the petitioners after arguing the matter for sometime, submits that in view of the judgment of the Hon'ble Supreme Court in the case of STATE OF GUJARAT VS CHOODAMANI PARMESHWARAN IYER & ANOTHER (Criminal Appeal arising out of SLP(Crl.)No.4212-13/2019 disposed of on 17.07.2023), he may be permitted to withdraw these petitions with liberty to approach this Court under Article 226 of the Constitution of India and seek appropriate reliefs.
2.
The aforesaid submission is placed on record. Petitions are dismissed as withdrawn with liberty as prayed for. Pending applications, if any, do not survive for consideration and the same are accordingly disposed of. JUDGE
KK
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.