Dismissed

Sri Kalyan Kumar v. the State of Karnataka

Karnataka HC1 Sept 2022CRL.A/1159/2022

Case brief

AI extract

What is this about?

The High Court dismissed the Criminal Appeal filed under Section 14(A)(2) of the SC/ST Act. It held that the appellant could not rely on a subsequently filed charge sheet as the Special Court had already disposed of the bail application. The court directed the appellant to file a fresh bail application in the Special Court.

What did the court decide?

The Criminal Appeal was dismissed. Liberty granted to the appellant to move the Special Court for bail based on the charge sheet.

Sri Kalyan Kumar Vs the State of Karnataka — Caste Atrocities | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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CRIMINAL APPEAL NO.1159 OF 2022

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BETWEEN:

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Sri Kalyan Kumar Aged about 22 years S/o Ramachandrappa R/at Bovi Colony KR Extension, Madhugiri Town Madhugiri Taluk-572 132.

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…Appellant

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(By Sri Abhishek J, Advocate)

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AND:

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The State of Karnataka

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By Madhugiri Police Station

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Rep. by S.P.P.

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High Court of Karnataka Bangalore-560001.

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Marakka

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W/o Venkateshappa Residing at Karadipura, Madhugiri Tumakuru District-572 132.

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…Respondents

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(By Sri K. Nageshwarappa, HCGP for R1; R2 - Served)

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This Criminal Appeal is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner of bail in CR. No.3/2022 (Spl.C. No.136/2022) of Madhugiri P.S., Tumkuru District for the offence punishable under Section 302, 201 read with Section 32 of IPC and etc,.

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:: 2 ::

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This Criminal Appeal coming on for orders this day, the Court delivered the following:

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JUDGMENT

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Heard Sri Abhishek J, learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1-State. Respondent No.2 has been served through investigating officer, but she has not entered appearance.

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This is an appeal filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, challenging the order dated 24.02.2022 passed by the III Additional District and Sessions Judge, Tumakuru in Crl.Misc.No.250/2022, rejecting the appellant’s application filed under Section 439 of Cr.P.C., in connection with Crime No.3/2022 registered by the first respondent Police for the offences punishable under Sections 302 and 201 read with Section 34 of IPC and Sections 3(2)(v) of SC/ST Act.

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:: 3 ::

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It is found that by the time of the Special Court, Tumakuru disposed of Crl.Misc. No.250/2022, charge sheet had not yet been filed. But now Sri Abhishek J, leanred counsel for the appellant bases his argument on the charge sheet, which was filed subsequently, on 02.04.2022. If the learned counsel for the appellant refers to charge sheet for claiming bail, he must move the Special Court onceagain. This is not a petition under Section 439 of Cr.P.C., where all the grounds urged by the appellant can be considered. This appeal is directed against the order passed by the Special Court. In the appeal, only the findings of the court below can be examined. Therefore giving liberty to the appellant to move the Special Court for bail based on the charge sheet, this appeal is dismissed .

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Sd/JUDGE

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Kmv/-

Sri Kalyan Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Kalyan Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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