Two regular bail petitions under Section 439 CrPC in POCSO and related offences cases were not pressed; counsel sought withdrawal since victims were to be examined before the trial court.
Petitions dismissed as withdrawn with liberty to file fresh bail petitions after examination of the victims; all contentions kept open.
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.
- 1 - NC: 2024:KHC:42574 CRL.P No. 7945 of 2024 C/W CRL.P No. 9552 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7945 OF 2024 C/W CRIMINAL PETITION NO. 9552 OF 2024
IN CRL.P No. 7945/2024
BETWEEN:
SRI RITIKSH @ SANTHOSH AGED ABOUT 25 YEARS S/O L.NARAYANA POOJARY RESIDING AT NEAR SHRINIVAS COLLEGE KAMBALA ROAD ADYARPADAVU MANGALORE TALUK DAKSHINA KANNADA DISTRICT KARNATAKA
…PETITIONER
(BY SRI. VIKRAM RAJ A., ADVOCATE)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
DAKSHINA KANNADA
…RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1 VIDE ORDER DATED 01.10.2024, R2 SERVICE HELD SUFFICIENT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRAIL IN SPL.C.C.NO.5012/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376, 506 OF IPC AND SECTION 4 OF POCSO ACT, WHICH IS REGISTERED IN PURSUANCE OF CRIME NO.47/2023 OF WOMEN P.S., D.K. DISTRICT BY THE RESPONDENT POLICE.
IN CRL.P NO. 9552/2024
BETWEEN:
...PETITIONER
(BY SRI. VIKRAM RAJ A., ADVOCATE)
AND:
...RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1 VIDE ORDER DATED 01.10.2024, R2 SERVICE HELD SUFFICIENT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL CONDITIONALLY PENDING TRIAL IN SPL.C.NO.5011/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354(A), 376, 506 OF IPC, SECTIONS 4 AND 8 OF POCSO ACT, UNDER SECTION 3(1)(w)(i)(ii), 3(1)(w)(i) OF SC/SCT (POA) ACT, PENDING ON THE FILE OF HONBLE V ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, D.K., MANGALURU, SITTING AT PUTTUR WHICH IS REGISTERED IN PURSUANCE OF CR.NO.46/2023 OF WOMEN P.S., D.K.
THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Learned counsel appearing for the petitioner after
arguing the matter for sometime submits that matter is posted before the trial Court for examination of the victims
in both cases on 07.11.2024 and prays that he may be permitted to withdraw these petitions with liberty to the petitioner to file fresh petition after examination of the victims in both the cases is completed before the Trial Court.
Petitions are dismissed as withdrawn with liberty as
prayed for.
open.
SD/(S VISHWAJITH SHETTY) JUDGE
ASN List No.: 1 Sl No.: 37
7 provisions across 5 enactments
Sri Ritiksh @ Santhosh
State of Karnataka (through Women's Police Station, Dakshina Kannada District)
Sri Babu Poojari
Sri Mudda Mugera
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
