IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.4985 OF 2019 BETWEEN:
1. GOVIND SHIVKUMAR, S/O SUBRAMANYAM SHIVKUMAR AGED ABOUT 38 YEARS, R/AT G3, PRESTIGE MARAKKESH ST. MARKS ROAD BANGALORE - 560 001.
2. CHINNAPPA B K, S/O B.P.KUSHALAPPA R/AT BUNGALOW NO.1 THE PLANTERS COFFEE CURING WORKS (P) LTD., P.B. NO.51, BELUR ROAD, HASSAN - 573 201. ...PETITIONERS (BY SRI GOVIND SHIVKUMAR AND SRI CHINNAPPA B.K, ADVOCATES - ABSENT) AND:
1. STATE OF KARNATAKA, BY CUBBON PARK POLICE STATION NOW REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE - 560 001.
2. LEIA CARIAPPA, D/O RAJESH N CARIAPPA (REPRESENTED BY HIS FATHER), AGED ABOUT 11 YEARS, R/AT 7/1 ZEN HOUSE, LANGFORD GARDENS BANGALORE - 560 025. …RESPONDENTS (BY SRI ROHITH B.J, HCGP FOR R1, SRI JAMES P ARUN KUMAR, ADVOCATE FOR R2) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.101/2019 OF CUBBON PARK POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 354, 354-A, 370, 504 AND 509 OF IPC AND SEC. 7,8,9,10,11 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER On 27.11.2019 the petitioners counsel has filed a memo seeking permission to retire from the case. This Court permitted the learned counsel to retire from the case and thereafter office was directed to show the name of the petitioners in the cause list so as to enable them to engage another counsel or to prosecute the petition on their own.
Today, though the names of petitioner Nos.1 and 2 is depicted in the cause list and called in the open court none appeared. Hence, it appears that they are not interested to prosecute the petition. As such, the petition is dismissed for non prosecution.
Sd/-
JUDGE ykl