IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MAY, 2019 BEFORE THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION No.3498/2019 BETWEEN:
Suresh N., S/o Mr. Narayana Swamy, Aged about 19 years, Resident of Patna Village Hutthur Hobli, Kolar Taluk, Kolar – 563 114.
(By Sri.Mallesh L., Advocate) AND:
The State of Karnataka by Kolar Rural Police, Kolar, Pin -563 114.
(By Sri.Divakar Maddur, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.33/2019 of Kolar Rural Police Station, Kolar for the offences punishable under Sections 363 and 376 of IPC and Section 4 of POCSO Act, 2012.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has filed this petition under Section 439 of the Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as the ‘Cr.P.C’) seeking his enlargement on bail in Crime No.33/2019 registered by the respondent Police for the offence punishable under Sections 363 and 376 of the Indian Penal Code, 1860 and under Section 4 of the Protection of Children from Sexual Offences Act, 2012.
2. The office has placed a note bringing to the notice of this Court that the very same petitioner, in the very same crime, has already filed Criminal Petition No.2351/2019 under Section 438 of Cr.P.C and the same is pending consideration before this Court.
3. The petitioner admittedly has not conveyed to this Court as to whether he has been apprehended and taken into judicial custody in Criminal Petition No.2351/2019. Further, he has not withdrawn the said Criminal Petition also. As such, at the same time, he cannot maintain two petitions, one under Section 438 of Cr.P.C and another under Section 439 of Cr.P.C. Reserving liberty to the petitioner to approach this Court under Section 439 of Cr.P.C, in case as on date of filing of this petition, i.e., on 22.05.2019, if he has been taken into judicial custody and also provided if he withdraws Criminal Petition No.2351/2019. This petition stands disposed of.
dn/-
Sd/- JUDGE