Anticipatory/regular bail petition under Section 439 Cr.P.C in a dowry death case; counsel sought withdrawal since final report was filed under Section 306 IPC instead of Section 302. Petition dismissed as withdrawn with liberty to file a fresh petition.
Leave granted to withdraw the petition with liberty to file a fresh petition.
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NC: 2024:KHC-K:3 CRL.P No. 201675 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 201675 OF 2023 (439)
BETWEEN:
SRI. SHAMARAYA S/O BHIRAPPA PUJARI, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O. BENAKANAHALLI VILLAGE, TQ. HORTI, DIST. VIJAYPUR.
…PETITIONER
(BY SRI S. S. MAMADAPUR, ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN HORTI PS CRIME NO. 96/2023 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 302, 304B R/W SECTION 149 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT PENDING BEFORE THE HON'BLE III ADDITIONAL CIVIL JUDGE AND JMFC, INDI.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner submits that
though the FIR is filed under Section 302 of IPC, now the final report is submitted under Section 306 of IPC. Hence,
he seeks leave of the Court for withdrawal of the petition
with liberty to file a fresh petition.
The submission is placed on record.
In view of the submission, the petition is dismissed
as withdrawn with a leave as prayed for.
Sd/JUDGE
SRT
List No.: 1 Sl No.: 3
5 provisions across 3 enactments
Sri Shamaraya S/o Bhirappa Pujari
The State of Karnataka through PSI, Horti Police Station
Sri Bhagavantraya Bin Late Ravutappa
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
