Dismissed

State of Karnataka v. Nilesh Prakash Warekar

Karnataka HC2 Nov 2018CRL.P/100331/2018

Case brief

AI extract

What is this about?

High Court heard a petition under Section 439(2) Cr.P.C. to cancel anticipatory bail granted by the trial court. Rejecting the prosecution's plea against the accused in a SC/ST case, the Court found no violation of bail conditions and dismissed the petition.

What did the court decide?

Petition filed under Section 439(2) Cr.P.C. to set aside anticipatory bail was rejected.

State of Karnataka Vs Nilesh Prakash Warekar — Caste Atrocities | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF NOVEMBER 2018

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BEFORE

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THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

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Crl.P.No.100331 of 2018

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Between:

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State of Karnataka, By Police Sub-Inspector, Kumta Police Station, Uttara Kannada, Karwar Rep. by Addl. State Public Prosecutor, Advocate General Office, High Court of Karnataka, Dharwad Bench.

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… Petitioner

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(By Shri Praveen K.Uppar, HCGP)

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And: Nilesh Prakash Warekar, Aged abut 25 years, Occ: Student, R/o.: Sagadebena, Katga, Tq: Kumta, Uttara Kannda Distrcit.

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… Respondent

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(By Shri Vijay Malali, Advocate)

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This criminal petition is filed under Section 439(2) of Cr.P.C. seeking to set aside the order dated 17.05.2017, passed in Crl.Misc.No.137 of 2017 by the District and Sessions Judge, Uttara Kannada, Karwar and grant anticipatory bail to the respondent accused in Kumta Police Station Crime No.73 of 2016 registered for the offences punishable under Sections 323, 506, 34 of IPC and Sections 3(1)(R), 3(1)(S) of SC-ST (PA) Amendment Act, 2015, and direct the respondent-accused be arrested and be committed to judicial custody.

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This petition coming on for orders, this day, the Court made the following:

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ORDER

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This petition is preferred by the petitioner-State under Section 439(2) of Code of Criminal Procedure seeking to set aside the order dated 17.05.2017, passed in Crl.Misc.No.137 of 2017 by the District and Sessions Judge, Uttara Kannada, Karwar.

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The substance of the complaint is that on 28.03.2017 at about 12:30 p.m., when the complainant was waiting in the new bus terminus at Kumta, the respondentaccused was seen following and roaming around the complaint. It is further alleged that the suddenly the respondent held the collar of the complainant and assaulted him thereafter the complainant was being kicked by the respondent while doing so the respondent-accused abused the complainant by taking his caste name and also abused him with filthy language. In this connection a case was registered against the accused for the offences punishable under Sections 323, 506, 34 of IPC and Sections 3(1)(R), 3(1)(S) of SC-ST (PA) Amendment Act, 2015 in Crime No.73 of 2016 of Kumta Police Station. Apprehending arrest, the accused moved the bail application seeking anticipatory bail under Section 438 of Cr.P.C., before the learned District and

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Sessions Judge, Uttara Kannada, Karwar. The trial Judge granted bail to the petitioner in Crl.Misc.Case No.137 of 2017, dated 17^th May 20171. Being aggrieved, the prosecution has filed this petition for cancellation of anticipatory bail granted.

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The learned HCGP submits that there are no grounds to grant anticipatory bail to the respondent and he is liable to be arrested and prays for cancellation of the bail granted to the accused.

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Learned counsel for the respondent submits that the respondent is innocent and there are no ingredients to constitute the prima facie case against the respondent. Hence, prays for rejecting the instant petition.

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In the context and circumstance of the case, it is necessary to mention that the accused has been granted the relief of bail by the learned trial Judge and moreover, there is no allegations of violation of conditions against the respondent-accused regard being had to the fact that when once bail is granted, the cancellation would be an eventuality in case of violation of conditions imposed on the accused. Further, there are no good grounds to set aside the bail granted in Criminal Misc. Case No.137 of 2017, dated 17^th May 2017 and also to direct the concerned Police to arrest

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and commit the respondent-accused to custody by revoking the order passed by the trial Judge. Accordingly, the petition filed under Section 439(2) of Cr.P.C. by the petitioner-State stands rejected.

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JUDGE

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Vnp*

State of Karnataka v. Nilesh Prakash Warekar

Case brief

What is this about?

What did the court decide?

State of Karnataka v. Nilesh Prakash Warekar

Case brief

What is this about?

What did the court decide?

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