The Court discarded a petition for anticipatory bail under Section 438 Cr.P.C. as not maintainable because a specific appeal under Section 14-A(2) of the SC/ST (PoA) Act is available instead of a direct bail petition.
Petition dismissed as not maintainable with liberty to approach under Section 14-A(2).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.657/2021
BETWEEN:
MR.GOVINDAPPA S/O. KEMPANNA AGED ABOUT 50 YEARS R/O. ELOTHORE VILLAGE KUNDANA HOBLI SADAHALLI POST DEVANAHALLI TALUK BANGALORE DISTRICT – 562 110
…PETITIONER
(BY SRI GOPI K.J., ADVOCATE)
AND:
…RESPONDENTS
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(BY SRI. K.NAGESHWARAPPA, HCGP FOR R1; R2 SERVED, UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.91/2020 OF VISHWANATHAPURA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 323, 324, 354, 504, 506 OF IPC AND SECTION 3(1)(R)(S)(W) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed by the petitioner-accused No.1 under Section 438 of Cr.P.C. for granting anticipatory bail in Crime No.91/2020 registered by the Vishwanathapura Police Station for the offences punishable under Sections 323, 324, 354, 504, 506 of IPC and Sections 3(1)(r)(s)(w) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act.
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against the rejection of bail application, an appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act lies but not the criminal petition under Section 439/438 of Cr.P.C. Therefore, the present petition is not maintainable.
of the documents to learned counsel for the petitioner.
Sd/JUDGE
KTY
1 issue framed by the court
Whether a criminal petition filed under Section 438 Cr.P.C. is maintainable despite an appeal running under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Colour shows how this judgement treated each authority
Division Bench judgmentRelied on¶21
Crl.A.No.1078/2020 dated 30.03.2021
5 provisions across 4 enactments
MR. GOVINDAPPA S/O. KEMPANNA
STATE OF KARNATAKA
SMT. NAGAVENI W/O. BALAKRISHNA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
