High Court of Karnataka, Gulbarga Bench dismissed a bail petition filed under Section 438 CrPC when the petitioner withdrew the pleading without prejudice.
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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA
DATED THIS THE 14TH DAY OF FEBRUARY, 2013
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.15152/2013
BETWEEN:
Laxmi, W/o Bhojappa Gosai, Aged 35 years, Occ: Household R/o Bandempalli, Taluk Sedam, Gulbarga District. .. PETITIONER (by Shri Baburao Mangane, Advocate)
AND:
The State through Mudhol Police Station, Taluk Sedam, Gulbarga District. .. RESPONDENT (Shri Sanjay A Patil, Additional State Public Prosecutor)
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This Criminal Petition is filed under section 438 of the Criminal Procedure Code, 1973, praying to release the petitioner on bail in the event of her arrest in Crime No.90/2012 of Mudhol Police Station, Taluk Sedam, District Gulbarga which is registered for the offence punishable under sections 450, 302, 34 of the Indian Penal Code, 1860.
This petition coming on for Orders this day, the court made the following :-
ORDER
Though the learned Counsel for the petitioner would
point out that the allegations are against the members of a single family, of which the petitioner was one and the role of the petitioner being minimal and that she is a woman, is a consideration for grant of bail under Section 437 of the Criminal Procedure Code, 1973 (Hereinafter referred to as the “Cr.PC”, for brevity). This may be a valid contention in a petition seeking regular bail. As the court below has rejected the petition for anticipatory bail, it would be appropriate if the petitioner should now seek regular bail on the very grounds that are sought to be urged in this petition. Given the circumstances
of the case, it would even be possible that the court may take a
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lenient view having regard to the fact that the petitioner is a woman and that her role in the incident is negligible.
Accordingly, the petition is dismissed as withdrawn
without prejudice to the case of the petitioner.
Sd/JUDGE
nv
Laxmi, W/o Bhojappa Gosai
The State through Mudhol Police Station
Anand Byrareddy
As recorded by the court registry
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