Case Note & Summary
The petitioners, Sri. Ashok, Sri. Harish, and Sri. Karthik, filed a Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka at Bengaluru, seeking anticipatory bail in connection with Crime No.100/2020 registered at Vemagal Police Station, Kolar, for offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, and 302 read with Section 149 of the Indian Penal Code, 1860 (IPC). The case was heard by the Hon'ble Mr. Justice Mohammad Nawaz on 13th July 2020. At the hearing, the learned counsel for the petitioners submitted that the petitioners had already been enlarged on bail and therefore did not wish to press the petition, seeking its dismissal as withdrawn. The court recorded the submission and dismissed the petition as withdrawn. No further orders were passed on the merits of the case.
Headnote
A) Criminal Procedure - Anticipatory Bail - Withdrawal of Petition - Petitioners filed petition under Section 438 Cr.P.C. for anticipatory bail in connection with offences under Sections 143, 147, 148, 323, 324, 504, 506, 302 read with 149 IPC - Learned counsel submitted that petitioners were already enlarged on bail and sought to withdraw the petition - Court dismissed the petition as withdrawn - Held that when petitioners are already on bail, the petition for anticipatory bail becomes infructuous and may be dismissed as withdrawn (Para 1).
Issue of Consideration
Whether the anticipatory bail petition should be entertained when petitioners are already enlarged on bail.
Final Decision
Petition dismissed as withdrawn.
Law Points
- Anticipatory bail
- Withdrawal of petition
- Dismissal as withdrawn
Case Details
2020 LawText (KAR) (07) 149
Criminal Petition No.2804/2020
Tigadi Veeranna Gadigappa (for petitioners), K.S. Abhijith (HCGP for respondent)
Sri. Ashok, Sri. Harish, Sri. Karthik
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Nature of Litigation
Criminal petition for anticipatory bail under Section 438 Cr.P.C.
Remedy Sought
Petitioners sought enlargement on bail in the event of arrest in Crime No.100/2020 of Vemagal Police Station.
Filing Reason
Petitioners apprehended arrest in connection with offences under IPC.
Previous Decisions
Petitioners were already enlarged on bail prior to the hearing.
Issues
Whether the anticipatory bail petition should be entertained when petitioners are already on bail.
Submissions/Arguments
Learned counsel for petitioners submitted that petitioners are already enlarged on bail and not pressing the petition, seeking dismissal as withdrawn.
Ratio Decidendi
When petitioners are already enlarged on bail, a petition for anticipatory bail becomes infructuous and may be dismissed as withdrawn at the request of the petitioners.
Judgment Excerpts
Learned counsel for the petitioners submits that since the petitioners are already enlarged on bail, he is not pressing the petition and he seeks to dismiss the petition as withdrawn.
Accordingly, petition is dismissed as withdrawn.
Procedural History
Petitioners filed Criminal Petition No.2804/2020 under Section 438 Cr.P.C. seeking anticipatory bail. At the hearing, counsel stated petitioners were already on bail and sought withdrawal. Court dismissed the petition as withdrawn.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 438
- Indian Penal Code, 1860 (IPC): 143, 147, 148, 323, 324, 504, 506, 302, 149
