Dismissed

Krishna C M @ v. State by Kestur Police Station

Karnataka HC6 Jul 2021CRL.P/2101/2021

Case brief

AI extract

What is this about?

In a criminal petition for anticipatory bail under Section 438 Cr.P.C. for offences under the SC & ST (POA) Act, the Division Bench dismissed the petition as not maintainable, relying on LOKESH AND ORS., and granted liberty to approach the Court via appeal.

What did the court decide?

Petition dismissed; liberty granted to approach Court by filing appeal under section 14A(2) of the SC & ST (POA) Act.

Krishna C M @ Vs State by Kestur Police Station — Caste Atrocities | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06^TH DAY OF JULY, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE K. NATARAJAN

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CRIMINAL PETITION No.2101/2021

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BETWEEN:

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Krishna C.M. @ Vyavasaya Colony Krishna, S/o Mallesh, Aged about 39 years, Permanent resident of Door No.3, Vyavasaya Colony, Temple Road, Maragowdana Halli, Mandya – 571 446.

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..Petitioner

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(By Sri. Athreya C Shekar, Advocate)

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AND:

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State by Kestur Police Station, Maddur Circle, Mandya – 571 447. (Represented by HCGP High Court of Karnataka, Bengaluru).

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..Respondent

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(By Sri.K.Nageshwarappa, HCGP)

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This Criminal petition is filed under Section 438 of Cr.P.C. by the advocate for the petitioner praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in the event of his arrest in Cr.No.1/2021 of Kesthur P.S., Mandya District for the offences P/U/S 143, 120B, 302, 201, 149 of IPC and 3(2)(V) SC and ST (POA) Amendment Act.

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

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O R D E R

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Learned counsel for the petitioner remained

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absent.

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Learned HCGP submits that the Police

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have filed the charge sheet under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the SC & ST (POA) Act’ for short). The District Judge also rejected the bail petition on the ground that Section 438 of Cr.P.C. is not maintainable for the offences punishable under the provisions of the SC & ST (POA) Act.

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In view of the judgment of this Division

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Bench of this Court in Crl.Appeal No.1078/2020 dated 30.03.2021 in the case of LOKESH AND ORS.

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vs. THE STATE OF KARNATAKA AND ANR.

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CHALLAKERE POLICE STATION has observed that for the offences under the SC & ST (POA) Act and against the rejection of bail, appeal lies under Sections 438 and 439 of Cr.P.C. In view the judgment of Division Bench of this Court, the present petition is not maintainable. Hence, the petition is dismissed, however, liberty is granted to approach this Court by filing appeal under Section 14A (2) of the SC & ST (POA) Act.

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Sd/JUDGE

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HA/-

Krishna C M @ v. State by Kestur Police Station

Case brief

What is this about?

What did the court decide?

Krishna C M @ v. State by Kestur Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

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