Dismissed

Ramesh N P v. State by Byatarayanapura Police Station

Karnataka HC16 Jul 2021CRL.P/3140/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a bail petition filed under Section 439 CrPC as not maintainable, holding that an appeal lies against the interim order rather than a petition for regular bail, relying on a prior Division Bench judgment. Liberty was granted to appeal under the SC/ST (POA) Act.

What did the court decide?

Petition dismissed as not maintainable; liberty granted to file appeal under Section 14A(2) of SC/ST (POA) Act.

Ramesh N P Vs State by Byatarayanapura Police Station — Bail and Remand | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^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.3140 OF 2021

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BETWEEN:

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RAMESH N.P. S/O. PANCHAKSHARAPPA, AGED ABOUT 28 YEARS, REDDY BUILDING, 2^ND CROSS, 13^TH MAIN ROAD, G.K. LAYOUT, HOSA ROAD, ELECTRONIC CITY, BENGALURU – 560 100.

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... PETITIONER

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(BY SRI CHANDRASHEKHAR M.H., ADV.)

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AND:

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STATE BY BYATARAYANAPURA POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

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SWETHA S. D/O. SHARANAPPA, AGED ABOUT 32 YEARS, RESIDING AT NO.64, 2^ND MAIN, 5^TH CROSS, DEEPANJALI NAGARA, MYSURU ROAD, BENGALURU – 560 026.

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... RESPONDENTS

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(BY SRI K. NAGESHWARAPPA, H.C.G.P., FOR R-1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(1) OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.38 OF 2021 OF BYATARAYANAPURA POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 493 AND 420 OF THE IPC AND SECTIONS 3(1)(W)(i)(ii) AND 3(2)(v) OF THE SC/ST (POA) ACT.

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THIS CRIMINAL PETITION IS 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 High Court Government Pleader accepts notice for respondent No.1-State.

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Learned counsel for the petitioner is absent.

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The petition is filed under Section 439 of the

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Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) for granting regular bail for the offences punishable under the provisions of Indian Penal Code, 1860, and under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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In view of the judgment of the Hon’ble Division Bench of this Court in Criminal Appeal No.1078 of 2020 dated 30-3-2021, an appeal lies and not the petition under Sections 438 or 439 of the Cr.P.C.

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Accordingly, the petition is dismissed as not maintainable with liberty to file an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, if so required.

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Registry is directed to return the certified copy of the orders to the learned counsel for the petitioner, forthwith.

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Sd/JUDGE

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kvk

Ramesh N P v. State by Byatarayanapura Police Station

Case brief

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Ramesh N P v. State by Byatarayanapura Police Station

Case brief

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