Case Note & Summary
The petitioner, Saifuddin, filed Criminal Petition No. 2016 of 2020 under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No. 9 of 2020 registered by Hiriadka Police Station, Udupi, for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860. The matter came up for hearing on 1 July 2020 before Justice Sreenivas Harish Kumar of the High Court of Karnataka at Bengaluru, through video conferencing. The petitioner was represented by advocate M.R. Balakrishna, and the State was represented by High Court Government Pleader Mahesh Shetty. During the hearing, the petitioner's counsel sought permission to withdraw the bail petition with liberty to file another criminal bail petition before the same court. The court permitted the withdrawal, dismissed the petition as withdrawn, and expressly reserved liberty to the petitioner to file one more petition for bail, directing that such future petition would be decided on its merits. Consequently, the interim bail application (I.A. No. 1 of 2020) also stood disposed of as not surviving for consideration. The order was pronounced on 1 July 2020.
Issue of Consideration
Final Decision
The petition was dismissed as withdrawn with liberty to the petitioner to file one more petition for bail, which would be decided on merits. Interim bail application I.A.1/2020 was disposed of as not surviving.
Case Details
2020 LawText (KAR) (07) 229
Criminal Petition No. 2016/2020
M.R. Balakrishna for petitioner; Mahesh Shetty, HCGP for respondent
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal bail application
Remedy Sought
Petitioner sought bail under Section 439 CrPC in Crime No. 9/2020 for offences punishable under sections 302 and 201 IPC.
Filing Reason
The petitioner filed an application for bail under Section 439 CrPC.
Submissions/Arguments
Counsel for petitioner sought permission to withdraw the bail petition with liberty to file another criminal bail petition.
Judgment Excerpts
Learned counsel for the petitioner seeks permission to withdraw this bail petition with liberty to file another criminal bail petition before this court.
Accordingly, this petition is dismissed reserving liberty to the petitioner to file one more petition for bail. The bail petition going to be filed by the petitioner will be decided on merits. I.A.1/2020 filed for interim bail does not survive for consideration.
Procedural History
The criminal petition under Section 439 CrPC was filed before the High Court. On 01-07-2020, the matter was heard via video conferencing. The petitioner's counsel sought withdrawal with liberty. The court allowed withdrawal and dismissed the petition, reserving liberty to file a fresh petition on merits.
Acts & Sections
- Code of Criminal Procedure, 1973: 439
- Indian Penal Code, 1860: 302, 201
