Bail petitions under Section 439 Cr.P.C. in a POCSO and IPC rape case were not argued; counsel filed a memo seeking permission to withdraw. The court accepted the memo and dismissed the petitions as withdrawn.
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 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 10914 OF 2023
C/W
CRIMINAL PETITION NO. 10916 OF 2023 CRIMINAL PETITION NO. 10924 OF 2023 CRIMINAL PETITION NO. 10940 OF 2023
IN CRL.P NO. 10914/2023
BETWEEN:
Digitally signed by V KRISHNA Location: High Court of Karnataka
S. RASHMI, D/O LATE SHASHIDHARA, AGED ABOUT 26 YEARS, R/AT BMCH HOSTEL, SJMIT CAMPUS, MEDEHALLI ROAD, CHITRADURGA - 577 526, PERMANENT RESIDENT OF KUDLIGI TOWN, VIJAYANAGAR DISTRICT - 583 135 (IN JUDICIAL CUSTODY SINCE 0509-2022)
…PETITIONER
(BY SRI. HONNAPPA S., ADVOCATE)
AND:
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01.
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1; SRI. SRINIVASA D.C., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.2 ON BAIL IN SPL.C.NO.27/2023 ARISING OUT OF CR.NO.445/2022, REGISTERED BY THE CHITRADURGA RURAL POLICE PENDING ON THE FILE OF HONBLE SPECIAL II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA FOR THE OFFENCE P/U/S 376(C), 376(AB), 376(3), 366, 366(A), 323, 114 R/W 34 OF IPC AND 5(L), 6, 7, 17 OF POCSO ACT, 2012 AND WEC. 3(f) AND 7 OF RELIGIOUS INSTITUTION PREVENTION OF MISUSE ACT, AND SEC. 75, 77 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, IN THE ABOVE CASE.
IN CRL.P NO. 10916/2023
BETWEEN:
DR. SHIVAMURTHY MURUGHA SHARANARU
NC: 2024:KHC:22053 CRL.P No. 10914 of 2023 C/W CRL.P No. 10916 of 2023 CRL.P No. 10924 of 2023 CRL.P No. 10940 of 2023
S/O GURUMURTHAIAH, AGED ABOUT 64 YEARS, PONTIFF, MURUGHA RAJENDRA MUTT, CHITRADURGA-577 526 PERMANENT RESIDENT OF GODABANAHAL VILLAGE, CHITRADURGA TALUK AND DISTRICT-577 526 (IN JUDICIAL CUSTODY SINCE 01-09-2022)
…PETITIONER
(BY SRI. K.B.K. SWAMY, ADVOCATE)
AND:
BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA TOWN, CHITRADURGA - 577 526 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01.
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.2 ON BAIL IN SPL.C.NO.27/2023 ARISING OUT OF CR.NO.445/2022,
NC: 2024:KHC:22053 CRL.P No. 10914 of 2023 C/W CRL.P No. 10916 of 2023 CRL.P No. 10924 of 2023 CRL.P No. 10940 of 2023
REGISTERED BY THE CHITRADURGA RURAL POLICE PENDING ON THE FILE OF HONBLE SPECIAL II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA FOR THE OFFENCE P/U/S 376(C), 376(AB), 376(3), 366, 366(A), 323, 114 R/W 34 OF IPC AND 5(L), 6, 7, 17 OF POCSO ACT, 2012 AND WEC. 3(f) AND 7 OF RELIGIOUS INSTITUTION PREVENTION OF MISUSE ACT, AND SEC. 75, 77 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015, IN THE ABOVE CASE.
IN CRL.P NO. 10924/2023
BETWEEN:
DR. SHIVAMURTHY MURUGHA SHARANARU S/O GURUMURTHAIAH, AGED ABOUT 64 YEARS, PONTIFF, MURUGHA RAJENDRA MUTT, CHITRADURGA-577 526 PERMANENT RESIDENT OF GODABANAHAL VILLAGE, CHITRADURGA TALUK AND DISTRICT-577 526 (IN JUDICIAL CUSTODY SINCE 01-09-2022)
…PETITIONER
(BY SRI. K.B.K. SWAMY, ADVOCATE)
AND:
NC: 2024:KHC:22053 CRL.P No. 10914 of 2023 C/W CRL.P No. 10916 of 2023 CRL.P No. 10924 of 2023 CRL.P No. 10940 of 2023
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1; SRI. SRINIVASA D.C., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN SPL.C.NO.28/2023 ARISING OUT OF CR.NO.445/2022, REGISTERED BY THE CHITRADURGA RURAL POLICE PENDING ON THE FILE OF HONBLE SPECIAL II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA FOR THE OFFENCE P/U/S 376(C), 376(AB), 376(3), 366, 366(A), 323, 114 R/W 34 OF IPC AND 5(L), 6, 7, 17 OF POCSO ACT, 2012 AND WEC. 3(f) AND 7 OF RELIGIOUS INSTITUTION PREVENTION OF MISUSE ACT, AND SEC. 75, 77 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015, IN THE ABOVE CASE.
IN CRL.P NO. 10940/2023
BETWEEN:
S RASHMI, D/O LAE SHASHIDHARA, AGED ABOUT 26 YEARS, R/AT BMCH HOSTEL, SJMIT CAMPUS, MEDEHALLI ROAD, CHITRADURGA - 577 526
PERMANENT RESIDENT OF KUDLIGI TOWN, VIJAYANAGARA DISTRICT - 583135 (IN JUDICIAL CUSTODY SINCE 05-09-2023)
…PETITIONER
(BY SRI. HONNAPPA S., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.445/2022, REGISTERED BY THE CHITRADURGA RURAL POLICE STATION, CHITRADURGA FOR THE OFFENCE P/U/S 376(C), 376(2)(N), 376(AB), 376(3), 366, 366(A), 323 R/W 34 OF IPC AND 5(L), 6, 7, 17 OF POCSO ACT, 2012 AND SEC. 3(f) AND 7 OF RELIGIOUS INSTITUTION PREVENTION OF MISUSE ACT, AND
NC: 2024:KHC:22053 CRL.P No. 10914 of 2023 C/W CRL.P No. 10916 of 2023 CRL.P No. 10924 of 2023 CRL.P No. 10940 of 2023
SEC. 75, 77 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015 PENDING ON THE FILE OF HONBLE SPECIAL II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN SPL.C.NO.27/2023
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo
seeking permission of the court to withdraw the petitions.
withdrawn.
Sd/JUDGE
SS List No.: 1 Sl No.: 1
1 provisions across 1 enactments
S. Rashmi
Dr. Shivamurthy Murugha Sharanaru
State of Karnataka by Chitradurga Rural Police Station
Smt. Gayathri
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
