Petitioner sought bail under Section 439 Cr.P.C in a POCSO case. Counsel requested withdrawal with liberty to move after charge sheet. Court dismissed the petition as unpressed but granted liberty to move the petition after the charge sheet is filed.
Petition dismissed as not pressed with liberty to move the petition after filing of charge sheet.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION NO.4897/2021
BETWEEN :
Vignesh S/o Vishwanatha Bhandary Aged about 20 years Residing at 1-40 Alaje House Chibidre Belthangady Taluk Dakshina Kannada – 574 214
…Petitioner (By Sri. G.M. Srinivasareddy, Advocate)
AND
… Respondents (By Sri.H.R.Showri, HCGP for R1;
R2 served and unrepresented)
This Criminal Petition is filed under Section 439 of Cr.P.C praying this Court to enlarge the petitioner on bail in Crime No.32/2021 of Dharmasthala Police Station, Dakshina Kannada for the offence P/U/S 9(m), 10, 11(ii) of POCSO Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R
Heard the learned counsel for the petitioner and the learned HCGP. After addressing at length, the learned counsel for the petitioner submits that he may be permitted to withdraw the petition with liberty to move the petition after filing of the charge sheet.
KG
2 issues framed by the court
Whether bail in a POCSO case can be granted under Section 439 Cr.P.C.
Whether to allow withdrawal of the petition with liberty to move after charge sheet
2 provisions across 2 enactments
Vignesh S/o Vishwanatha Bhandary
State of Karnataka
Abdul Vazeer S/o. Ali Khan
M.G. UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
