Accused in a POCSO and IPC rape case sought regular bail. As the trial court had issued witness summons to C.W-1 and C.W-2, counsel sought withdrawal with liberty to file a fresh petition after their examination. The High Court dismissed the petition as withdrawn, keeping all contentions open.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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9762 OF 2024
BETWEEN:
ABHISHEK D T, S/O TAPASARAJU, AGED ABOUT 25 YEARS, R/AT DEVARAMADAHALLI VILLAGE, DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 448. (ACCUSED IN JC)
…PETITIONER
(BY SRI. LAKSHMIKANTH K.,ADVOCATE)
AND:
Digitally signed by KAVYA R Location: High Court of Karnataka
…RESPONDENTS
(BY SRI.M.DIWAKARA MADDUR., HCGP FOR R-1;
NOTICE TO R-2 IS HELD SUFFICIENT, VIDE ORDER DATED 04.11.2024. .,ADVOCATE)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.32/2024 AND SPL.C.NO.138/2024 FOR ALLEGED OFFENCE P/U/S 376(2)(n) 376(3), 354(D), 450 OF IPC AND SEC.6, 12 OF POCSO ACT REGISTERED BY THE RESPONDENT POLICE / NAGAMANGALA RURAL P.S.MANDYA NOW PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-II MANDYA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Learned Counsel for the petitioner submits that since
the Trial Court has issued witness summons to C.W-1 and C.W-2, this petition may be dismissed as withdrawn at this
stage with liberty to the petitioner to file a fresh petition, after examination of C.W-1 and C.W-2 is completed before the Trial Court.
Petition is dismissed as withdrawn with liberty as prayed for.
Sd/-
(S VISHWAJITH SHETTY) JUDGE
KVR:List No.: 1 Sl No.: 45
1 issue framed by the court
Should the accused be enlarged on bail for offences under IPC and POCSO Act? (withdrawn before decision)
4 provisions across 4 enactments
Abhishek D T
State of Karnataka by SHO, Nagamangala Rural PS, Mandya District
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
