Dismissed

Dilipa v. the State of Karnataka

Karnataka HC1 Feb 2024CRL.P/209/2024

Case brief

AI extract

What is this about?

Criminal petition under Section 439 Cr.P.C. for bail in POCSO offense. Petitioner sought withdrawal with liberty to refile after victim's evidence. Court dismissed petition as withdrawn but directed expedite evidence recording.

What did the court decide?

Petition dismissed as withdrawn; liberty to file fresh petition after recording of victim's evidence; expedite recording of evidence.

Dilipa Vs the State of Karnataka — Child Custody and Guardianship | Karnataka HC (2024)

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1 - NC: 2024:KHC:4336 CRL.P No. 209 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 209 OF 2024

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BETWEEN:

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DILIPA S/O LATE LAKSHMANA AGED ABOUT 22 YEARS, R/AT, GUNDASHETTIHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573215.

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…PETITIONER

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(BY SRI. PRATHEEP K C.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ALUR POLICE STATION, HASSAN DISTRICT. REP. BY ITS Digitally signed by V KRISHNA STATE PUBLIC PROSECUTOR, Location: High HIGH COURT OF KARNATAKA, Court of BANGALORE 01. Karnataka

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SMT. RADHA W/O VENKATESH, AGED ABOUT 42 YEARS, R/AT, KYATHANAHALLI COLONY HASSAN, N/O. PREMA NAGARA, SAKLESHPURA TOWN, HASSAN TALUK, HASSAN - 573215.

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…RESPONDENTS

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(BY SRI. K NAGESHWARAPPA.,HCGP)

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2 - NC: 2024:KHC:4336 CRL.P No. 209 of 2024

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THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.CASE NO.397/2023 (CR.NO.99/2023) OF ALUR P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 376(2)(n) OF IPC AND SEC.5(j), 5(l), 4, 6 OF POCSO ACT AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 AT HASAN AND PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, HASSAN.

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THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE

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COURT MADE THE FOLLOWING:

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ORDER

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The learned counsel for the petitioner has sought permission of the Court to withdraw the petition reserving liberty to the petitioner to file a fresh petition before the Sessions Court after the evidence of the victim girl is recorded.

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In the light of the above submission, petition is dismissed as withdrawn with a liberty to the petitioner to file a fresh petition under Section 439 of Cr.P.C. before the Sessions Court / Trial Court after completion of victim's evidence.

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Considering that the charge sheet is already filed and the petitioner is in judicial custody since 25.09.2023, the

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NC: 2024:KHC:4336 CRL.P No. 209 of 2024

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learned Sessions Judge is requested to expedite the recording

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of the victim's evidence.

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Sd/JUDGE

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LDC List No.: 1 Sl No.: 51

Dilipa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dilipa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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