The criminal appeal filed by the appellant seeking bail was dismissed as withdrawn by the High Court Bench. The Court granted liberty to approach the trial court for bail and disposed of the pending interim application.
Appeal dismissed as withdrawn; liberty given to approach trial court for bail; Interim application disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16th DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO.1755 OF 2022
BETWEEN:
Dr. Shivamurthy Murugha Sharanaru, Aged about 64 years, Pontiff & Chief of Sri Jagadguru Murugarajendra, Bruhan Mutta, R/at M.K.Hatti, Chitradurga-577502. Karnataka.
…Appellant
(By Sri Sandeep S. Patil, Advocate)
AND:
:: 2 ::
II Ghatta Vijayanagar, Mysore-570017.
…Respondents
(By Sri Mahesh Shetty, HCGP for R1; R2-served; Sri M.M.Prashantha, Advocate for R4)
This Criminal Appeal is filed under Section 14(A)(2) of SC/ST (POA) Act, praying to set aside the order dated 23.09.2022 in Crl.Misc.No.965/2022 passed by the Special II Additional District and Sessions Judge, Chitradurga and consequently enlarge the appellant on regular bail in Cr.No.387/2022 dated 27.08.2022 registered by the respondent Chitradurga Rural Police for offence P/u/s 3(1)(w)(i) and (ii), 3(2)(v) of SC/ST (POA) 1989, u/s 17, 5(l), 6 of POCSO Act and u/s 376(2)(n), 376(3) IPC r/w Sec. 149 IPC.
:: 3 ::
This Criminal Appeal coming on for orders this day, the Court made the following:
ORDER
Today, the appellant’s counsel submits that
the appellant wants to withdraw this appeal as he wants to move the trial court again and seek bail based on the charge sheet. Said memo is placed on record. Appeal is dismissed as withdrawn.
Liberty is given to the appellant to approach the trial court and apply for bail based on the charge sheet.
Advocate Sri M.M.Prashantha has filed vakalat executed by Sri Yashwant Kumar, the father of respondent No.4 in this appeal. His vakalat is not yet accepted, as another advocate Sri D.C.Srinivasa has already filed vakalat representing Odanadi Seva Samsthe, Mysuru,
which has taken up to the cause of victim girls. Since the appeal is withdrawn, the trial court may
:: 4 ::
decide whether the vakalat of any advocate on behalf of the father of respondent No.4 should be accepted or not, before deciding the application for bail on merits.
I.A.No.1/2022 does not survive for
consideration. It stands disposed of accordingly.
Sd/JUDGE
Kmv/-
1 issue framed by the court
Whether the criminal appeal filed by the appellant could be disposed of on his withdrawal of the appeal.
3 provisions across 3 enactments
Dr. Shivamurthy Murugha Sharanaru
State of Karnataka
Sri Chandrakumar C.
XYZ D/o Rajappa
XYZ D/o Yeshwanth Kumar
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
