Case Note & Summary
The petitioner, Dushyanth M, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. 54/2020 registered by Subramanyapura Police Station, Bengaluru, for offences punishable under Sections 143, 144, 147, 148, 120B, 307, 302 read with 149 of the Indian Penal Code, 1860. The matter came before the High Court of Karnataka at Bengaluru, presided over by Justice K. Somashekar, on July 13, 2020. During the hearing conducted via video conferencing, the learned counsel for the petitioner, Sri. Roopesha B, submitted that he sought to file a memo to withdraw the petition. The court recorded the submission and permitted the withdrawal. However, the counsel also sought liberty to file a bail petition after the Investigating Officer lays the charge sheet against the accused. The court, reserving such liberty, dismissed the petition as not pressed. The respondent, represented by the State Public Prosecutor, did not object. The order was concise, with no detailed analysis of facts or merits, as the petition was withdrawn at the initial stage.
Headnote
A) Criminal Procedure - Bail - Withdrawal of Petition - Section 439 CrPC - Petitioner sought bail in a murder case but counsel sought withdrawal with liberty to file after charge sheet - Court permitted withdrawal and dismissed petition as not pressed, reserving liberty to file after charge sheet is laid (Para 1).
Issue of Consideration
Whether the petitioner should be granted bail in a case involving offences under Sections 143, 144, 147, 148, 120B, 307, 302 r/w 149 of IPC.
Final Decision
Petition dismissed as not pressed with liberty to file a fresh bail petition after charge sheet is laid.
Law Points
- Bail
- Withdrawal of petition
- Liberty to file after charge sheet
