In a criminal bail petition under Section 439 Cr.P.C., the court allowed the petitioners to withdraw the petition with liberty to file a fresh petition after the submission of the charge sheet, and dismissed the current petition as withdrawn.
Petition dismissed as withdrawn with liberty to file fresh bail petition after charge sheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.9399/2022 (439)
BETWEEN:
1 . NISHANTH B. S/O. BALAKRISHNA, AGED ABOUT 22 YEARS, R/AT NO. 173, D. SUBBAIAH ROAD, KURUBAGERI, CHAMARAJA MOHALLA, MYSURU-570 004.
3 . GIRISH. P S/O. LATE PRAKASH, AGED ABOUT 22 YEARS, R/AT NO. 2559, 2ND CROSS, K.G. LOPPAL, MYSURU-570 014.
(NOW IN JUDICIAL CUSTODY CENTRAL PRISON, MYSORE).
….PETITIONERS
(BY SRI.KUMARA K.G., ADVOCATE)
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AND:
STATE OF KARNATAKA BY LAKSHMIPURAM POLICE STATION, MYSURU-570 014.
(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING-560 001)
...RESPONDENT
(BY SMT.RASHMI JADHAV, HCGP)
THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.37/2022 OF LAXMIPURAM P.S., MYSURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 323, 307, 506 R/W 34 OF IPC ON THE FILE OF THE VIII ADDL. CIVIL JUDGE (Jr. Dn.) AND BMTC, JLB ROAD, MYSORE AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
After arguing the matter for some time, learned counsel for the petitioners/accused submits that the petitioners may be permitted to withdraw the petition with liberty to file a fresh petition after submission of the charge sheet.
The submission of the learned counsel for the petitioners
is placed on record. The criminal petition is dismissed as
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withdrawn with liberty to the petitioners to file a fresh bail petition after submission of the charge sheet.
Sd/JUDGE
PKS
2 issues framed by the court
Whether the petitioners be permitted to withdraw the bail petition.
Whether to allow withdrawal of bail petition with liberty to file fresh one after charge sheet.
1 provisions across 1 enactments
NISHANTH B.
MOHAN
GIRISH P.
STATE OF KARNATAKA
RAJENDRA BADAMIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
