Dilipa vs the State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1856313
CourtKarnataka Orders High Court
Decided OnFeb-01-2024
Case NumberCRL.P/209/2024
JudgeMohammad Nawaz
AppellantDilipa
RespondentThe State of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 1st day of february, 2024 before the hon'ble mr justice mohammad nawaz criminal petition no. 209 of 2024 between: dilipa s/o late lakshmana aged about 22 years, r/at, gundashettihalli village, salagame hobli, hassan district - 573215. …petitioner (by sri. pratheep k c.,advocate) and:1. the state of karnataka rep by alur police station, hassan district. rep. by its digitally signedby v krishna state public prosecutor, location: high high court of karnataka, court of bangalore 01.karnataka2. smt. radhaw/o venkatesh, aged about 42 years, r/at, kyathanahalli colony hassan, n/o. prema nagara, sakleshpura town, hassan - 573215. …respondents (by sri. k nageshwarappa.,hcgp) -2- this crl.p is filed u/s.439 cr.p.c praying toenlarge the petitioner on bail in spl.case no.397/2023 (cr.no.99/2023) of alur p.s., hassan district for the offence p/u/s 376(2)(n) of ipc and sec.5(j), 5(l), 4, 6 of pocso act and sec.9 of prohibition of child marriage act on the file of the addl. district and sessions judge ftsc-1 at hasan and pending on the file of the addl. district and sessions judge, ftsc-1, hassan.this petition, coming on for order, this day, the court made the following:orderthe learned counsel for the petitioner has sought permission of the court to withdraw the petition reserving liberty to the petitioner to file a fresh petition before the sessions court after the evidence of the victim girl is recorded.2. in the light of the above submission, petition isdismissed as withdrawn with a liberty to the petitioner to file a fresh petition under section 439 of cr.p.c. before the sessions court / trial court after completion of victim's evidence.3. considering that the charge sheet is already filedand the petitioner is in judicial custody since 25.09.2023, the -3- learned sessions judge is requested to expedite the recording of the victim's evidence. sd/- judge ldc list no.: 1 sl no.: 51
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 209 OF 2024 BETWEEN: DILIPA S/O LATE LAKSHMANA AGED ABOUT 22 YEARS, R/AT, GUNDASHETTIHALLI VILLAGE, SALAGAME HOBLI, HASSAN DISTRICT - 573215. …PETITIONER (BY SRI. PRATHEEP K C.,ADVOCATE) AND:

1. THE STATE OF KARNATAKA REP BY ALUR POLICE STATION, HASSAN DISTRICT. REP. BY ITS Digitally signed

by V KRISHNA             STATE PUBLIC PROSECUTOR,
Location: High           HIGH COURT OF KARNATAKA,
Court of                 BANGALORE 01.

Karnataka

2. SMT. RADHA

W/O VENKATESH, AGED ABOUT 42 YEARS, R/AT, KYATHANAHALLI COLONY HASSAN, N/O. PREMA NAGARA, SAKLESHPURA TOWN, HASSAN - 573215. …RESPONDENTS (BY SRI. K NAGESHWARAPPA.,HCGP) -2- THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN SPL.CASE NO.397/2023 (CR.NO.99/2023) OF ALUR P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 376(2)(n) OF IPC AND SEC.5(j), 5(l), 4, 6 OF POCSO ACT AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 AT HASAN AND PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, HASSAN.

THIS PETITION, COMING ON FOR ORDER, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The learned counsel for the petitioner has sought permission of the Court to withdraw the petition reserving liberty to the petitioner to file a fresh petition before the Sessions Court after the evidence of the victim girl is recorded.

2. In the light of the above submission, petition is

dismissed as withdrawn with a liberty to the petitioner to file a fresh petition under Section 439 of Cr.P.C. before the Sessions Court / Trial Court after completion of victim's evidence.

3. Considering that the charge sheet is already filed

and the petitioner is in judicial custody since 25.09.2023, the -3- learned Sessions Judge is requested to expedite the recording of the victim's evidence. Sd/- JUDGE LDC List No.: 1 Sl No.: 51