Case Note & Summary
The petitioner, Mahesh Chandrashekar Shanbhag, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in the event of his arrest in Crime No.11/2020 registered at Mandya West Police Station, Mandya District, for offences punishable under Sections 376(2)(c) (rape by a person in authority), 506 (criminal intimidation), and 304 (culpable homicide not amounting to murder) of the Indian Penal Code, 1860 (IPC), and Section 3(1)(w)(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The petitioner was working as a Jailer at Mandya Jail. The respondent No.2, Smt. Mahadevamma, was the complainant. When the petition came up for hearing, the learned counsel for the petitioner submitted that another application for the same relief was pending consideration before the same Court. Consequently, the counsel sought leave to withdraw the petition. The Court recorded the submission and dismissed the petition as withdrawn. No other legal issues were addressed as the petition was withdrawn at the initial stage.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Withdrawal of Petition - Petitioner sought anticipatory bail under Section 438 Cr.P.C. in Crime No.11/2020 for offences under Sections 376(2)(c), 506, 304 IPC and Section 3(1)(w)(i) of SC/ST (POA) Act - Learned counsel for petitioner submitted that another application for the same relief was pending before the same Court - Court permitted withdrawal and dismissed the petition as withdrawn - Held that when another application for same relief is pending, the petition can be withdrawn (Paras 1-2).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in Crime No.11/2020 for offences under Sections 376(2)(c), 506, 304 IPC and Section 3(1)(w)(i) of SC/ST (POA) Act.
Final Decision
The petition is dismissed as withdrawn.
Law Points
- Withdrawal of petition
- Pending application
- Same relief
- Dismissed as withdrawn
