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2025 DAILYLAW 72940 (KAR)

BALAKRISHNA v. STATE BY

CRL.P/9737/2025 · 2025-11-06

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44950 CRL.P No. 9737 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 9737 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. BALAKRISHNA @ ANNAPPA GOWDA S/O ANNEGOWDA, AGED ABOUT 29 YEARS, R/O Y.SINGENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT, KARNATAKA - 573 135. ..PETITIONER (BY SRI. K.R.NAGARAJA.,ADVOCATE) AND: 1. STATE BY CHANNARAYAPATNA RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT FATHIMA, W/O DHANANJAY R, AGED ABOUT 38 YEARS, MOTHER AND GUARDIAN OF C W-2, VICTIM, R/O 7TH CROSS, AGRICULTURE INDUSTRY, SIDDAPURA, LALBHAG ROAD BENGALURU, KARNATAKA-560027 …RESPONDENTS (BY SMT.PUSHPAOLATHA B, ADDL.SPP, R2 SERVED & UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44950 CRL.P No. 9737 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SPL.C.NO.117/2025 ON THE FILE OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, AT HASSAN, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 65(1), 70(2) OF BNS, 2023, UNDER SECTIONS 4, 6, 12 OF POCSO ACT, UNDER SECTION 3(1)(w)(i)(ii) OF SC/ST ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The learned counsel for the petitioner files a memo seeking withdrawal of the petition. Memo reads thus: "The undersigned counsel for petitioner prays kind goodself of this Hon'ble Court to permit petitioner to withdraw the present petition with liberty to file Appeal as per the decision of this Hon'ble Court dated 07.04.2025 in Crl.Appeal No.751/2025, in which it is held that the bail order in case of SC/ST is appealable under u/Sec. 14(A) of the SC/ST Act and order for return of all the documents annexed to above petition to enable the petitioner to file along with proposed appeal, to meet the ends of justice" - 3 - HC-KAR NC: 2025:KHC:44950 CRL.P No. 9737 of 2025 2. In view of the memo, the petition is dismissed as withdrawn with liberty as prayed for. 3. The Registry is directed to return the documents annexed to the petition on receiving the photo copies of the same to the learned counsel for the petitioner. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 5