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2025 DAILYLAW 49969 (KAR)

ALTAF ALIAS AFTAB S/O SALEEMSAB KADADI v. THE STATE OF KARNATAKA

CRL.P/102114/2025 · 2025-06-24

Venkatesh Naik T

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:7991 CRL.P No. 102114 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102114 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: ALTAF @ AFTAB S/O. SALEEMSAB KADADI, AGE: 21 YEARS, OCC: BAR-BENDING, R/O. 2ND CROSS, HUDCO COLONY, TQ & DIST. GADAG, PIN-582103. …PETITIONER (BY SHRI SADIK KANVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY GADAG WOMEN P.S, DIST. GADAG, REPRESENTED BY THE S.P.P, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. RIYAZ AHMED S/O. MABUSAB SORATOOR, AGE: 31 YEARS, OCC: CAR MECHANIC, R/O. 2ND CROSS, NEAR NO.15, KANNADA SCHOOL TQ & DIST. GADAG, PIN-582103. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE R2 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.483 OF BNSS, 2023) SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED IN GADAG WOMEN P.S. CRIME NO.8/2024 PENDING ON THE FILE OF THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE GADAG IN S.C. NO.81/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 3(A)(C) R/W. 4(1)(2), 5(L)(M) R/W. 6 OF POCSO ACT 2012, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7991 CRL.P No. 102114 of 2025 THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1/State are present. Learned counsel for the petitioner filed a memo seeking withdrawal of the petition. The contents of withdrawal memo read as under: “Herein, the Advocate for the petitioner submits as under: That the material witness has not been examined CW4 before the trial Court. Hence, the petitioner seeks leave of the Court to file fresh bail application by withdrawing this bail application with liberty to file fresh bail application after the completion of the CW4 examination. Hence, this memo.” - 3 - HC-KAR NC: 2025:KHC-D:7991 CRL.P No. 102114 of 2025 In view of the memo and supporting submission, the petition is dismissed as withdrawn. However, liberty as sought for is granted to the petitioner. It is made clear that the petitioner is at liberty to file similar petition only after examination of victim in this case. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 38