IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1803/2019 BETWEEN:
Ayub Khan, S/o Altaf Khan, Aged about 35 years, Residing at No.244, Thimmaiah Road, Mecca Masjid, Nehrupuram, Bengaluru – 560 051. ... Petitioner (By Smt. Geetha R. Shinde, Advocate for Sri A.S. Kulkarni, Advocate) AND:
The State of Karnataka, By Konanakunte Police Station, Bengaluru – 560 062 Represented by State Public Prosecutor, High Court Buildings, Bangalore – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.29/2019 of Konanakunte Police Station, Bangalore City for the offence p/u/s 420 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The learned counsel for the petitioner has filed a memo seeking permission to withdraw the petition.
2. It is stated that the present petition is relating to the stage of the proceedings where the charge-sheet was not filed. It is stated that subsequently after filing of the charge-sheet, the Sessions Court has rejected the criminal petition filed by the petitioner. It is stated that fresh petition would be filed before this court seeking enlargement of petitioner on bail.
3. Taking note of the fact that present petition has been filed before filing of the charge-sheet, the petitioner is permitted to withdraw the petition reserving liberty to file a fresh bail petition with respect to the stage of the proceedings subsequent to filing of the charge-sheet, in light of the order of Sessions Court rejecting the bail petition.
Accordingly, the petition is dismissed reserving liberty.
Np/-
Sd/- JUDGE