Karnataka High Court
Shri. Keshava Koteshwara vs The State Of Karnataka on 22 January, 2020
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION NO.6676/2019
C/W
CRIMINAL PETITION NO.7543/2019
IN CRL.P.NO.6676/2019
BETWEEN:
Sri Keshava Koteshwara,
Aged 52 years,
S/o. late Sanjeevayya,
Residing at 'Sanketha',
Beloor Village, Kedoor Post,
Kundapura Taluk,
Udupi District - 576 201. ...Petitioner
(By Sri. Pallava R., Advocate)
AND:
The State of Karnataka,
By Women P.S., Udupi Sub-Division,
Udupi - 576 101,
Represented by learned SPP,
High Court of Karnataka,
Bengaluru - 560 001. ...Respondent
(By R.D. Renukaradhya, HCGP)
This Criminal Petition is under Section 439 of
Cr.PC praying to enlarge the petitioner on bail in
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Cr.No.14/2019 of Women Police Station, Udupi for the
offence P/U/S 376(1), 354-A of IPC, 1860 and Section 5,
6, 8, 21(2) of the POCSO Act, 2012 and Section
3(1)(w)(i)(ii), 3(2)(v) (v-a) of SC/ST (POA) Act 1989.
IN CRL.P.NO.7543/2019
BETWEEN:
Sri Keshava Koteshwara,
Aged 52 years,
S/o. late Sanjeevayya,
Residing at 'Sanketha',
Beloor Village, Kedoor Post,
Kundapura Taluk,
Udupi District - 576 201. ...Petitioner
(By Sri Pallava R., Advocate)
AND:
The State of Karnataka,
By Women P.S., Udupi Sub-Division,
Udupi - 576 101,
Represented by learned SPP,
High Court of Karnataka,
Bengaluru - 560 001. ...Respondent
(By R.D. Renukaradhya, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.PC praying to enlarge the petitioner on bail in
Cr.No.16/2019 of Women Police Station, Udupi for the
offence P/U/S 21(2), 5(f), 5(o), 5(p), 5(i) of the POCSO
Act, 2012 and under Sections 376(1), 376(3), 506 of IPC
and 3(1)(w)(i)(ii) and 3(2)(v), 3(2)(v-a) of SC/ST (POA) Act.
These Criminal Petitions coming on for Orders this
day, the Court made the following:
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ORDER
The petitioner seeks liberty to withdraw the petitions.
2. It is submitted that despite the mandate of Section 35(2) of the POCSO Act, 2012, till date even the evidence of the victim has not been recorded.
3. Taking note of the same, the Special Court is to endeavour to conclude the trial as per the statutory mandate under Section 35(2) of the POCSO Act, 2012.
Accordingly, the petitioner is permitted to withdraw the petitions subject to the above observations.
Sd/-
JUDGE NS