Dismissed

Sri Radhakrishna Reddy v. the Station House Officer

Karnataka HC22 Jan 2021CRL.P/7245/2020

Case brief

AI extract

What is this about?

The High Court dismissed a second petition under Section 438 Cr.P.C. for anticipatory bail. The court found no changed circumstances and noted the charge sheet disclosed refusal to accept milk packets based on caste. The court permitted petitioners to surrender for regular bail.

What did the court decide?

No anticipatory bail granted; petitioner permitted to surrender and apply for regular bail.

Sri Radhakrishna Reddy Vs the Station House Officer — Caste Atrocities | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA

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AT BENGALURU

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DATED THIS THE 22^ND DAY OF JANUARY 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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CRL. P. NO. 7245/2020

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BETWEEN:

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SRI. RADHAKRISHNA REDDY, S/O LATE MALLAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO. 25/1, 1^ST MAIN, MALLAPPA REDDY LAYOUT, SEEGEHALLI, VIRGONAGAR POST, K.R. PURA, BENGALURU-560 049.

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SMT. PRABHAVATHI R, W/O SRI. RADHAKRISHNA REDDY, AGED ABOUT 46 YEARS, RESIDING AT NO. 25/1, 1^ST MAIN, MALLAPPA REDDY LAYOUT, SEEGEHALLI, VIRGONAGAR POST, K.R. PURA, BENGALURU-560 049.

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SRI HEMANTH REDDY. R, S/O RADHAKRISHNA REDDY, RESIDING AT NO. 25/1, 1^ST MAIN, MALLAPPA REDDY LAYOUT, SEEGEHALLI, VIRGONAGAR POST, K.R. PURA, BENGALURU-560 049.

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SRI HARSHITH REDDY. R, S/O RADHAKRISHNA REDDY, AGED ABOUT 20 YEARS, RESIDING AT NO. 25/1, 1^ST MAIN, MALLAPPA REDDY LAYOUT,

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: 2 :

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SEEGEHALLI, VIRGONAGAR POST, K.R. PURA, BENGALURU-560 049.

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PETITIONERS

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(BY SRI SAMUEL S. DANDIN, ADVOCATE)

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AND:

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THE STATION HOUSE OFFICER, K.R. PURAM POLICE STATION, BENGALURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX, BENGALURU-560 001.

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ANIL KUMAR. N, S/O NARAYANAPPA, AGED ABOUT 38 YEARS, R/AT NO. 105/2, 1^ST CROSS, R.T. JAGANATH LAYOUT, SEEGEHALLI, K.R. PURA, BENGALURU-560 036.

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- RESPONDENTS

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(BY SRI SHOWRI, H.C.G.P. FOR R1, NOTICE TO R2 IS SERVED)

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THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO. 156/2020 OF K.R. PURAM POLICE STATION, BANGALORE FOR THE OFFENCES PUNISHABLE U/S 504, 341, 323, 506 R/W 34 IPC and Sec. 3(1)®, 3(1)(s) of SC/ST (POA) ACT & ETC.

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THIS CRIMINAL PETITION PERTAINING TO PRINCIPAL BENCH, BENGALURU COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING AT DHARWAD, THIS DAY, THE COURT MADE THE FOLLOWING:

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: 3 :

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ORDER

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Petitioner’s counsel is present. He submits that investigation is over. The charge sheet does not disclose prima facie materials.

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Actually this is a petition filed under Section 438 of Cr.P.C. for the second time. The petitioner had earlier filed Crl. P. No. 4878/2020. The same was dismissed on 22.10.2020 holding that the complaint prima facie discloses existence of caste based attack. Therefore, Sec. 18 of the SC & ST (POA) Act was a bar for granting anticipatory bail. Once again anticipatory bail is sought on the same ground.

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I do not find any changed circumstances to grant anticipatory bail. In fact, charge sheet also discloses that all these petitioners refused to receive the milk packets from the complainant and others just because they belonged to scheduled caste. Moreover, the petitioners were not available for investigation.

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: 4 :

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Therefore, I do not think anticipatory bail can be granted.

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Now the petitioners’ counsel submits that all the petitioners will surrender before the trial Court and apply for regular bail under Section 439 of Cr.P.C. Petitioners are permitted to surrender before the trial Court and apply for bail under Section 439 of Cr.P.C. If they move for bail under Section 439 of Cr.P.C., the same may be disposed of by the trial on merits as early as possible. With these observations, the petition stands disposed of.

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Sd/JUDGE

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bvv

Sri Radhakrishna Reddy v. the Station House Officer

Case brief

What is this about?

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Sri Radhakrishna Reddy v. the Station House Officer

Case brief

What is this about?

What did the court decide?

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