Dismissed

Sunil S/O Tippanna Kadannavar v. the State of Karnataka

Karnataka HC22 Mar 2021CRL.P/100467/2021

Case brief

AI extract

What is this about?

The High Court allowed the withdrawal of a bail petition filed under Section 439 Cr.P.C. in a rapacious/POCSO case. The court permitted the petitioner to approach the Trial Court for bail after material witnesses are examined. A direction was issued to the Trial Court to expedite evidence recording under Section 35 of POCSO Act.

What did the court decide?

Petition dismissed as withdrawn; liberty to file application before Trial Court after evidence recording; direction to Trial Court to expedite evidence recording.

Sunil S/O Tippanna Kadannavar Vs the State… — Child Sexual Offences (POCSO) | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MRS.JUSTICE M.G.UMA

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CRIMINAL PETITION No.100467/2021

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BETWEEN:

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SUNIL S/O TIPPANNA KADANNAVAR, AGE: 24 YEARS, OCC: COOLIE, R/O: KONDOJI VADAGERI, TQ: HANGAL, DIST: HAVERI-581104.

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…. PETITIONER

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(BY SRI.R.H.ANGADI, ADV.)

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AND:

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THE STATE OF KARNATAKA, (BANAVASI POLICE STATION, U.K.) R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580011.

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.... RESPONDENT

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(BY SRI.RAMESH B.CHIGARI, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF Cr.P.C. SEEKING TO KINDLY ALLOW THE PETITION AND KINDLY ENLARGE THE PETITIONER ON BAIL WHO IS ARRAIGNED AS ACCUSED IN CONNECTION WITH BANAVASI POLICE AT THEIR P.S.CRIME NO.59/2020, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 376 OF IPC AND SECTION 4 OF POCSO ACT, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS

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JUDGE, FTSC-1, U.K., KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO) ACT.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:

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ORDER

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The Petitioner/accused is before this Court, seeking grant of regular bail under Section 439 of Cr.P.C. in Crime No.59/2020 of Banavasi Police Station, initially registered for the offences punishable under Sections 363 of the Indian Penal Code (hereinafter referred to as ‘the IPC’ for the sake of brevity), against accused.

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Heard Sri.R.H.Angadi, learned counsel for the petitioner and Sri.Ramesh B. Chigari, learned HCGP for respondent-State.

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After addressing the argument for

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sometime, learned counsel for the petitioner filed a memo seeking permission to withdraw the petition with liberty to file similar petition for grant of bail before the Trial Court, once the material witnesses

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are examined before the Trial Court. It is stated that the investigation is completed and the charge sheet is also filed. The matter is pending before the Special Court for trial.

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Considering these facts and circumstances, I deem it proper to permit the learned counsel for the petitioner to withdraw the petition. Liberty is reserved to the petitioner to move necessary application before the Trial Court after examination of the material witnesses. It is needless to say that in case such an application is filed before the Trial Court, it can proceed to consider the same in accordance with law. Hence, the petition is dismissed as withdrawn.

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Learned counsel for the petitioner seeks a direction to the Trial Court to record the evidence of the material witnesses at the earliest. The Trial Court is requested to expedite the matter in recording the evidence of the material witnesses, as the accused is in judicial custody and also in compliance of Section

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35(1) and (2) of the Protection Of Children from

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Sexual Offences Act, 2012.

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Sd/JUDGE

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KGK

Sunil S/O Tippanna Kadannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sunil S/O Tippanna Kadannavar v. the State of Karnataka

Case brief

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