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2025 Supreme(Online)(Kar) 24622

KARNATAKA HIGH COURT
MOHAMMAD NAWAZ, J
SAI KUMAR @ SURESH @ SURI @ KALLUPALYA SURI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO. 12140 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. LETHIF B.
For the Respondents: SRI. R. RANGASWAMY

The petitioner can withdraw the bail application and file a fresh petition for bail after the chargesheet is filed.

Headnote:The judgement concerns a criminal petition for bail under section 439 CRPC related to Crime No. 64/2025 for the offence punishable under section 306. The court determined that the bail petition could be withdrawn and a fresh petition could be filed before the jurisdictional court, with consideration per law. The issues presented frame the procedural rights of the petitioner, and the court's rationale emphasizes the importance of ongoing judicial processes. Ultimately, the petition is disposed of with permission to refile for bail.

Table of Content
1. court acknowledges submission of chargesheet. (Para 1)
2. petitioner allowed to withdraw and reapply for bail. (Para 2 , 3)
3. petition disposed with liberty granted. (Para 4)

ORAL ORDER

Learned High Court Government Pleader submitted that the chargesheet has been filed in this case.

2. Learned counsel for petitioner submitted that the petitioner had approached the Sessions Court seeking bail during crime stage and since the chargesheet is now filed, he may be permitted to withdraw the petition, with a liberty to file a fresh petition for bail.

3. A perusal of the order passed by the Sessions Court rejecting the bail petition, shows that the said order was passed when the investigation was not in progress.

4. In light of the above submission, petitioner is permitted to file a fresh petition before the jurisdictional Court, for bail. If any such bail petition is filed, the same shall be considered in accordance with law.

Petition is disposed of.

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