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2025 Supreme(Online)(Kar) 10507

KARNATAKA HIGH COURT
SRI JAI GANESH – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 11623 / 2025



Advocates:
For the Appellants/Petitioners:
For the Respondents:

The court allows withdrawal of the petition while preserving the petitioner's right to file a bail application.

Headnote:The petitioner sought reliefs including a writ of certiorari to quash orders related to remand and FIR under the Protection of Children from Sexual Offences Act, 2012. The court noted the petitioner's request to withdraw the petition while reserving the right to file a bail application. The court disposed of the petition as withdrawn, allowing the petitioner to file a bail application for consideration within two weeks.

Table of Content
1. petitioner withdraws the petition, reserving rights for bail. (Para 2 , 3)
2. court disposes of petition as withdrawn. (Para 5)

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

“i) Issue a writ of certiorari or any other writ or quash the order dated 31.01.2025 passed by the Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru in Crime No.0003/2025 for remanding the petitioner to Police Custody (Annexure-C) in the interest of justice.

ii) Issue a writ of certiorari or any other writ or quash the FIR in Crime No.0003/2025 registered by the respondent No.1 Police i.e., Vyalikaval Police Station for the offences punishable under Section 5(L) , 5(n) , 5(j), 6 , 4(2) of Protection of Children from Sexual Offences Act, 2012 read with Sections 65(1), 64(2) (f), 6t (2) (m) of Bharatiya Nyaya Sanhita Act, 2023 (Annexure-A) in the interest of justice.

iii) Issue a writ of certiorari or any other writ or quash the complaint dated 29.01.2025 (Annexure-B) lodged by the respondent No.2 before the respondent No.1 in the interest of justice.

iv) Grant such other reliefs as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.”

2. Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1 and perused the material on record.

3. After arguing the matter for sometime, learned counsel for the petitioner submits that petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to approach this Court once again, if occasion so arises. In addition thereto, it is submitted that petitioner would file bail application before the Special Court by urging all contentions including grounds urged in the present petition, which may be directed to be consider and dispose of the said bail application as expeditiously as possible, in accordance with law.

4. The said submission is placed on record.

5. Hence, petition stands disposed of as withdrawn reserving liberty in favour of the petitioner to file bail application putting forth all contentions including contentions urged in the present petition. In the event, such an application is filed by the petitioner, the Special Court shall consider and dispose of the said application in accordance with law within a period of two weeks from the date of petitioner filing such an application. Further, liberty is reserved in favour of the petitioner to approach this Court once again, if occasion so arises.

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