Case Note & Summary
The petitioner, N. Narasimha Murthy, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. 66/2019 (Spl.C.No.313/2019) registered at Vishwanathapura Police Station, Bengaluru City, for offences punishable under Sections 366, 342, 376, 506 of the Indian Penal Code, 1860, and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. After arguing the matter for considerable length of time, the learned counsel for the petitioner sought leave to withdraw the petition, reserving liberty to the petitioner to make an appropriate application before the trial court for his release on bail. The High Court of Karnataka, presided over by Justice John Michael Cunha, allowed the withdrawal and disposed of the petition. The court directed that if such an application is filed, the trial court shall consider it as expeditiously as possible in accordance with law. The order was passed on July 6, 2020, via video conference.
Headnote
A) Criminal Procedure - Bail - Withdrawal of Petition - Petitioner sought bail under Section 439 Cr.P.C. for offences under IPC and POCSO Act - Counsel sought leave to withdraw petition with liberty to approach trial court - Court allowed withdrawal and directed trial court to consider any fresh bail application expeditiously - Held that the petition is disposed of with liberty to approach trial court (Para 1).
Issue of Consideration
Whether the petitioner should be granted bail in a case involving offences under Sections 366, 342, 376, 506 IPC and Sections 4, 6 of POCSO Act.
Final Decision
Petition disposed of as withdrawn with liberty to petitioner to approach trial court for bail; trial court directed to consider any such application expeditiously.
Law Points
- Bail
- Withdrawal of petition
- Liberty to approach trial court
- Expeditious disposal
