Criminal petition filed under Sec. 439 Cr.P.C. seeking anticipatory bail for POCSO offences. Petitioner counsel submitted he was already arrested and in judicial custody. Court dismissed petition as infructuous.
Petition dismissed as having become infructuous.
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NC: 2023:KHC-D:10144 CRL.P No. 101550 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 101550 OF 2023 (439-)
BETWEEN:
DURGARAJ S/O KALLAPPA ARASANAL AGE. 35 YEARS, OCC. STREET VENDOR R/O. NAGENDRANAMATTI, TQ AND DIST. HAVERI-581110.
…PETITIONER
(BY SRI. V P VADAVI., ADVOCATE)
AND:
CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.0815:00:10 +0530
R/O. BASAVESHWAR NAGAR, A BLOCK, 9TH CROSS, TQ. HAVERI, DIST. HAVERI-581110.
…RESPONDENTS
(BY SMT. GIRISH S HIREMATH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING THAT THE PETITIONER MAY BE GRANT ANTICIPATORY BAIL IN CRIMINAL MISCELLANEOUS CASE NO. 363/2023 IN CRIME NO. 28/2023 IN HAVERI WOMEN P.S. AGAINST THE PETITIONER FOR THE OFFENCE P/U/SEC. 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND SEC. 341 OF
NC: 2023:KHC-D:10144 CRL.P No. 101550 of 2023
IPC PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-I AT HAVERI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that the
petitioner is already arrested and remanded to the judicial
custody and as such petition has become infractuous.
In view of the same, petition is dismissed as having
become infractuous.
Sd/JUDGE
AC
List No.: 1 Sl No.: 14
1 issue framed by the court
Whether the criminal petition for anticipatory bail becomes infructuous when the petitioner is already arrested and remanded to judicial custody.
1 provisions across 1 enactments
Durgaraj S/o Kallappa
State of Karnataka
Mahesh Kalal
Chandrashekara Laxman Kattimani
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
