Siddesha Vs State of Karnataka by — Anticipatory Bail | Karnataka HC (2025)

Siddesha Vs State of Karnataka by — Anticipatory Bail | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissal of the anticipatory bail petition as not pressed, with liberty to the petitioner to surrender before the jurisdictional court and file an application seeking regular bail; any such regular bail application to be considered on merits and disposed of as expeditiously as possible; all contentions urged in the petition kept open.

Issue for consideration

Whether the petitioner (Accused No.7 in Crime No.102/2024 of Pandavapura Police Station, Mandya District) should be enlarged on anticipatory bail in the event of arrest, for offences punishable under Sections 312, 313, 315, 316 read with Section 34 IPC, Section 19 of the Karnataka Private Medical Establishment Act, 2007, and Section 4 of the Termination of Pregnancy Act, 1971, the case being pending before the Civil Judge (Jr.Dn.) and JMFC, Pandavapura.

Court's answer

The criminal petition is dismissed as not pressed, with liberty to the petitioner to surrender before the jurisdictional court and seek regular bail.

Ratio / Principle

In the event the petitioner surrenders before the jurisdictional court and files an application seeking regular bail, the same shall be considered on merits and disposed of as expeditiously as possible.

Key takeaways

All contentions urged in the petition are kept open; the merits of the anticipatory bail request were not decided.obiter¶28

Detailed headnote1 paragraphs

Anticipatory bail petition under S.438 Cr.P.C. (S.482 BNSS) by Accused No.7 (Siddesha) in Crime No.102/2024 of Pandavapura Police Station, Mandya District — offences punishable under Ss.312, 313, 315, 316 r/w 34 IPC, S.19 Karnataka Private Medical Establishment Act, 2007 and S.4 Termination of Pregnancy Act, 1971, pending before Civil Judge (Jr.Dn.) and JMFC, Pandavapura — dismissed as not pressed at the instance of the petitioner's counsel, with liberty to surrender before the jurisdictional court and seek regular bail; any regular bail application to be considered on merits and disposed of expeditiously; all contentions kept open. (S VISHWAJITH SHETTY, J.; 06-06-2025)

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NC: 2025:KHC:19283 CRL.P No. 3616 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 3616 OF 2025

BETWEEN:

SIDDESHA S/O RUDDESHAPPA AGED ABOUT 32 YEARS RESIDING AT KYASINAKERE VILLAGE HONNALI TALUK, DAVANAGERE DISTRICT - 577 224.

…PETITIONER

(BY SRI CHAKRAVARTHY T.S, ADV.)

AND:

STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001.

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

…RESPONDENT

(BY SMT. RASHMI PATEL, HCGP)

THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.7 ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.102/2024 IN PANDAVAPURA POLICE, MANDYA DISTRICT AND PENDING ON THE FILE OF THE HONBLE CIVIL JUDGE (JR.DN) AND JMFC, AT PANDAVAPURA, MANDYA DISTRICT, FOR THE OFFENCES P/U/S 312,313,315,316 R/W 34 OF IPC, U/S 19 OF THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT, 2007, U/S 4 OF THE TERMINATION OF PREGNANCY ACT, 1971.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:19283 CRL.P No. 3616 of 2025

HC-KAR

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER

Learned counsel for the petitioner after arguing the matter for sometime submits that petition may be dismissed as not pressed with liberty to the petitioner to surrender before the Jurisdictional Court and file necessary application seeking regular bail.

Submission is placed on record.

Petition is dismissed as not pressed with liberty as prayed for.

In the event petitioner surrenders before the Jurisdictional Court and files an application seeking regular bail, the same shall be considered on merits and disposed of as expeditiously as possible.

All contentions urged in this petition are kept open.

Sd /- (S VISHWAJITH SHETTY) JUDGE

KTY

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