Case Note & Summary
The petitioner, Sri Ravi, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.50/2019 registered at Holenarasipura Rural Police Station, Hassan District, for offences punishable under Sections 448 (house-trespass) and 376 (rape) of the Indian Penal Code, 1860, Sections 4 (penetrative sexual assault) and 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act, 2012, and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015. The victim, Preethi Y.R., aged about 16 years, was represented by her guardian Smt. Nagamma. The State of Karnataka was the first respondent. During the hearing, the petitioner's counsel filed a memo seeking permission to withdraw the petition as not pressed. Upon enquiry, the counsel submitted that there were no instructions from the petitioner. In view of the memo and the lack of instructions, the court permitted the withdrawal and dismissed the petition as withdrawn. No arguments on merits were advanced, and the court did not examine the factual allegations or legal issues. The petition was disposed of without any finding on the merits of the bail application.
Headnote
A) Criminal Procedure - Bail - Withdrawal of Petition - Section 439 Cr.P.C. - Petitioner's counsel filed a memo seeking withdrawal of the bail petition as not pressed due to lack of instructions from the petitioner - Court permitted withdrawal and dismissed the petition as withdrawn - Held that when counsel has no instructions, the petition cannot be pursued and is liable to be dismissed as withdrawn (Paras 1-3).
Issue of Consideration
Whether the petitioner should be granted bail under Section 439 Cr.P.C. for offences under Sections 448, 376 IPC, Sections 4, 6 of POCSO Act, and Section 3(2)(va) of SC/ST (POA) Act, 2015.
Final Decision
The petition is dismissed as withdrawn. The court permitted the withdrawal based on the memo filed by the petitioner's counsel.
Law Points
- Withdrawal of petition
- lack of instructions
- dismissal as withdrawn
