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2026 Supreme(Online)(Kar) 28990
THE HIGH COURT OF KARNATAKA
S Vishwajith Shetty, J
Bharat Kadyan – Appellant
Versus
Union of India – Respondent
CRL.P No. 3054 of 2026
For the Appellants/Petitioners: M.S. Shyam Sundar, Raksha Keerthana .K
For the Respondents: Madhu N. Rao
An accused may withdraw a pending bail application before the High Court with liberty to file a fresh application before the trial court after the filing of the charge sheet.
Headnote:The petitioner sought regular bail under S.439 of the Cr.P.C. (S.483 of BNSS) regarding offences alleged under the Narcotics Drugs and Psychotropic Substances Act. During the proceedings, counsel for the petitioner requested leave of the court to withdraw the petition to approach the trial court again upon the filing of the charge sheet. The core issue before the court was whether the applicant should be granted leave to withdraw the current application for bail with liberty to file a fresh petition once the investigation reaches the next stage. The court, considering the request, determined that the petitioner is entitled to withdraw the request. The petition is dismissed as withdrawn with the liberty granted to the petitioner to approach the Sessions Court for bail after the filing of the charge sheet.
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| 1. court permits withdrawal of bail application with liberty to refile after charge sheet. (Para 1 , 2 , 3) |
THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL TO THE PETITIONER WHO IS ARRAYED AS ACCUSED NO.2 IN O.R.NO.184/2025-26/C. NO.VIII/48/184/2025-26 AIU-A CUS, REGISTERED BY RESPONDENT POLICE, PRESENTLY PENDING ON THE FILE OF HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT FOR NDPS CASES, AT BENGALURU, FOR THE OFFENCES P/U/S 8(c), 20(b)(ii)(C), 23(c) AND 29 OF NDPS ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Learned counsel for the petitioner submits that this petition may be dismissed as withdrawn at this stage with liberty to file a fresh bail petition before the Sessions Court after charge sheet is filed.
2. Submission is taken on record.
3. The criminal petition is dismissed as withdrawn with liberty as prayed for.
All contentions are kept open to be urged before the Sessions Court.
