Appeal against dismissal of regular bail in a POCSO and SC/ST Act case was withdrawn on the appellant's memo, with liberty to file a fresh bail petition under section 439 CrPC.
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NC: 2024:KHC-D:2554 CRL.A No. 100523 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 100523 OF 2023
BETWEEN:
MAHESH S/O BASAPPA KUSHAPPANAVAR @ KUSHNAPPANAVAR AGE:22 YEARS, OCC: COOLIE R/O:BUDIGOPPA, TQ: SAUNDATTI DISTRICT BELAGAVI.
…PETITIONER
(BY SRI ROHIT S PATIL, ADVOCATE)
AND:
VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2024.02.24 11:24:50 +0530
…RESPONDENTS
(BY SRI PRAKASHGOUDA HATTI, HCGP FOR R1 R2 SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) 2 OF SC.ST (POA) ACT 1989 OF CR.PC., SEEKING THAT THE APPELANT BE ENLARGED ON BAIL IN SAUNDATTI PS CRIME NO. 186/2023 WHICH IS REGITERED AS SPECIAL CASE NO. 314/2023 PENDING ON THE FILE OF ADDITIONAL DISTRICT
AND SESSIONS JUDGE FTSC-I BELGAVI FOR THE OFFENCES PUNISHBLE U/S 363, 376(1) 376(2) (N) OF IPC SECTION 4 AND 6 OF POCSO ACT AND SECTION 3(1) (W) (i), 3(2) (VA) 3(2) (V) OF SC/ST POA AMENDMENT ACT 2015 BY SETTING ASIDE THE ORDER DATED 13.09.2023 IN CLR.MISC 1162/2023 AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant files a memo seeking withdrawal of the appeal with liberty to file a petition. Memo reads thus.
“Herein the Advocate for Appellant submits and files this memo as under:
1. That the appellant is the accused before the trail court challenging the dismissal of the regular bail application in Crl.Misc No.680/2023 dated 22.06.2023 on the file of Additional District and Session Judge, FTSC-I, Belagavi for offences punishable U/s 366, 376 of IPC, Section 4 and 6 of POCSO Act and Section 3(2)(va), 3(2)(v) of SC/ST POA Amendment Act 2015 in this appeal.
2. As per the recent finding of The Hon’ble High Court appeal is not maintainable. Hence reserving the liberty the appellant may be permitted to withdraw this appeal to file
fresh bail criminal petition under section 439 of criminal procedure code in the ends of justice.”
withdrawn with liberty to file a petition.
documents to the learned counsel for the appellant.
Sd/JUDGE
DSP List No.: 19 Sl No.: 3
2 provisions across 2 enactments
Mahesh S/o Basappa Kushappanavar @ Kushnappanavar
The State of Karnataka
Shekhar Adiveppa Kurubagatti
Shivashankar Amaranavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
