High Court disposed of an appeal seeking bail under SC/ST (POA) Act by granting liberty to the appellant to fresh approach the Sessions Court, noting the appeal was premature as initial bail was rejected during investigation before investigation concluded.
Liberty granted to approach the Sessions Court for bail application once again.
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 AUGUST 2021
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL No. 842 OF 2021
BETWEEN
Sri S.Sunil Kumar @ Sunil S/o Sriramulu, Aged about 28 years, R/at No.1A, Nanjundiah Building, Near Pillappa House, 1st Main, 1st Cross, Chamundeshwari Layout, Vidyaranyapura, Bengaluru-560092.
…Appellant
(By Sri Manohar K.M., Advocate)
AND
…Respondents
(By Sri P Thejesh, HCGP for R1; R2-served)
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This Criminal Appeal is filed under Section 14(A)(2) of SC/ST (POA) Act praying to set aside the bail rejected order dated 14.06.2021 in Crl.Misc.No.4485/2021 passed by the LXX Additional City Civil and Sessions Judge (CCH71), Bengaluru, arising out of Cr.No.90/2021 and etc.,
This Criminal Appeal coming on for admission, this day, through video conferencing, the court made the following:
ORDER
Heard the appellant’s counsel. It appears that
the appellant approached the Sessions Court during investigation stage for bail and that his application for bail was rejected on the ground that investigation was still in progress. After completion of investigation, the appellant ought to have approached the Sessions Court by making a fresh application under section 439 Cr.P.C. Instead he has directly come to this court. Though the High Court has concurrent jurisdiction under section 439 Cr.P.C, it is expected that the trial court ought to apply its mind. Giving liberty to the
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appellant to approach the Sessions Court for bail once again, this appeal is disposed of.
Sd/JUDGE
ckl
2 provisions across 2 enactments
SRI SUNIL KUMAR
STATE OF KARNATAKA
JAYAMMA
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
