The Court dismissed a criminal petition for bail sought by petitioners charged under POSCO and IPC sections for sexual offences, holding that no changed circumstances existed to distinguish the case from prior dismissed bail applications.
Bail application dismissed; petition found devoid of merits.
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HON’BLE DR. JUSTICE K.G. SHANKAR
CRIMINAL PETITION NO. 449 OF 2014
ORDER:
Petitioners seek for grant of bail. They allegedly committed offences under Section 376 (2) (c) read with Section 511 as well as under Sections 354, 354-A and 177 read with Section 341 IPC and under Section 9-B of the Protection of Children from Sexual Offences Act, 2012.
The petitioners moved for a bail application in Crl.P.No. 4178 of 2013, which was dismissed by this Court on 11.12.2013. They moved second bail application in Crl.P.No. 48 of 2014. It was recorded in the petition that the same was dismissed on 20.1.2014. The learned counsel for the petitioners submitted that the Criminal Petition in fact was withdrawn but was not dismissed.
At any rate, the petitioner filed two bail applications before this Court and one of them was dismissed and while the other was withdrawn. In these circumstances, it is necessary that the petitioners to establish the changed circumstances for grant of bail.
I do not find any changed circumstances from the earlier position. Consequently, this Criminal Petition is found
to be devoid of merits and accordingly, the same is dismissed.
______________________________ DR JUSTICE K.G.SHANKAR DATE: 29.01.2014 KA
2 issues framed by the court
Whether the petitioners have established any changed circumstances to warrant the grant of bail after earlier bail applications were dismissed or withdrawn.
Whether the absence of changed circumstances warrants the dismissal of the bail petition.
3 provisions across 2 enactments
Petitioners
State
K.G. SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
