In a criminal petition filed for enlargement on bail in an offence punishable under Section 376(F) IPC and POCSO Act, the petitioner voluntarily withdrew the petition while seeking liberty to appear in the trial court. The Court dismissed the petition as withdrawn.
Petition dismissed as withdrawn; liberty granted to appear before Trial Court.
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.
NC: 2023:KHC:36640 CRL.P No. 3861 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 3861 OF 2023
BETWEEN:
RANGASWAMY S/O LATE DASEGOWDA @ PATHI AGED ABOUT 37 YEARS RESIDING AT JANAGERE VILLAGE KOTHAGERE HOBLI KUNIGAL TALUK TUMKUR DISTRICT-572130
…PETITIONER
(BY SRI SENTHIL KUMAR D U, ADVOCATE)
AND:
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT.B.LAKSHMANA, HCGP FOR R1; SMT.SOWMYA SRIDHAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.230/2022 IN SPL.CC.NO.469/2022 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 376(F) OF IPC, SECTION 4 AND 6 OF POCSO ACT, 2012 AND SECTION 9, 10 AND 11 OF CHILD MARRIAGE RESTRAINT ACT PENDING BEFORE THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, TUMKUR.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner filed a Memo. Memo
reads as under.
“The undersigned counsel for the petitioner prays that this Hon’ble Court be pleased to permit him to withdraw the above petition on the grounds that he shall be present to make his necessary application before the learned Trial Court on account of evidence and cross-examination tendered by P.W.1 and other witnesses in the interest of justice and equity.”
NC: 2023:KHC:36640 CRL.P No. 3861 of 2023
withdrawn with liberty as prayed for.
Sd/JUDGE
MR
2 issues framed by the court
Whether the petitioner's bail petition can be withdrawn to enable him to appear in the trial court.
Whether the bail petition requires the court's specific order for enlargement on bail when withdrawn.
4 provisions across 4 enactments
Rangaswamy S/O Late Dasegowda @ Pathi
State By Kunigal Police Represented By State Public Prosecutor
Kusuma D/O Late Kalegowda
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
