Case Note & Summary
The petitioner, Sri Rakesh B, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.87/2020 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for offences punishable under Sections 376 (rape), 420 (cheating), and 506 (criminal intimidation) of the Indian Penal Code, 1860, and Section 66-B of the Information Technology Act, 2000. The LIII Additional City Civil and Sessions Judge, Bengaluru, had earlier dismissed the bail petition on 19.05.2020 in C.Crl.Misc.No.111/2020. Before the High Court, the petitioner's counsel filed a memo seeking permission to withdraw the petition as not pressed. The court allowed the memo and disposed of the petition as withdrawn. No arguments on merits were heard, and the court did not adjudicate the bail application on its merits. The order was passed by Justice Krishna S. Dixit on 10th July 2020.
Headnote
A) Criminal Procedure - Bail - Withdrawal of Petition - Petitioner sought bail under Section 439 Cr.P.C. in Crime No.87/2020 for offences under Sections 376, 420, 506 IPC and Section 66-B of IT Act - Counsel filed memo seeking permission to withdraw petition as not pressed - Court permitted withdrawal and disposed petition as withdrawn - Held that petition stands disposed off as withdrawn as not pressed (Para 2).
Issue of Consideration
Whether the petitioner should be granted bail under Section 439 Cr.P.C. for offences under Sections 376, 420, 506 IPC and Section 66-B of IT Act
Final Decision
The petition is disposed off as withdrawn as not pressed in terms of the memo filed.
Law Points
- Withdrawal of petition as not pressed
- Disposal without adjudication on merits
