Dismissed

Sri K Rajendra Prasad Reddy v. the State of Karnataka

Karnataka HC22 Apr 2022CRL.A/537/2022

Case brief

AI extract

What is this about?

The High Court dismissed a criminal appeal against the rejection of anticipatory bail. It reserved liberty to file a fresh Section 438 petition if the appellant is arraigned as an accused or faces apprehension of arrest, keeping all contentions open. The appeal was otherwise dismissed.

What did the court decide?

Appeal dismissed with liberty to approach Sessions Court under Section 438 Cr.P.C. in case of arraignment or apprehension of arrest.

Sri K Rajendra Prasad Reddy Vs the State of… — Writ and Judicial Review | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL APPEAL NO.537 OF 2022

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BETWEEN :

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SRI. K. RAJENDRA PRASAD REDDY S/O TATHI REDDY AGED ABOUT 56 YEARS R/AT #446, 3^RD CROSS BASAVESHWARA TEMPLE ROAD HINKAL, MYSORE CITY – 570001 KARNATAKA.

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... APPELLANT

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[BY SRI. SUDEEP BANGERA, ADVOCATE]

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AND :

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THE STATE OF KARNATAKA STATION HOUSE OFFICER BILIKERE POLICE STATION MYSORE DISTRICT - 570001 (REP. BY STATE PUBLIC PROSECUTOR)

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SAVITHRAMMA

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W/O LATE SHIVANNA WORKING AT: SERICULTURE DEPARTMENT R/AT MARALAYANA KOPPAL VILLAGE HUNSUR TALUK MYSORE DISTRICT:570001.

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... RESPONDENTS

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[BY SRI.R.D.RENUKARADHYA, HCGP FOR R-1; SRI. PRUTHVEEN P. KATTIMANI – ADVOCATE FOR R-2(VC)]

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)2 OF SC/ST (POA) ACT, TO SET ASIDE THE IMPUGNED ORDER AND GRANT ANTICIPATORY BAIL TO THE APPELLANT IN CR.NO.313/2021 AT BILIKERE POLICE STATION ON THE FILE OF VI-ADDL. DISTRICT AND SESSIONS COURT, MYSORE FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 341, 323, 354, 506, 149 OF IPC, SECTIONS 3(2)(r)(s), 3(2)(v-a) AND 3(1)(w)(i) OF SC/ST (POA) AMENDMENT ACT, 2015 (UNDER SECTION).

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THIS CRIMINAL APPEAL COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is preferred praying to set aside the order dated 02.03.2022 passed by the VI Additional District and Special Judge, Mysore in Crl.Misc.No.336/2022 wherein the prayer of the appellant for anticipatory bail has been rejected.

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The name of the appellant is not mentioned in the first information report which is registered on the basis of a complaint lodged by Smt.Savithramma on 24.09.2021 in

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respect of an incident which took place on 23.09.2021 at about 12 noon.

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Learned Sessions Judge while disposing of the

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application filed under Section 438 of Cr.P.C has observed that the appellant herein is neither arraigned as accused nor shown his apprehension of arrest. Therefore, a blanket order cannot be granted.

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Learned counsel for appellant submits that in fact there is apprehension of arrest of the appellant and he has learnt that now the charge sheet has been filed arraigning the appellant as one of the accused. He further submits that all other accused are granted anticipatory bail.

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In the light of the above submission of the

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appellant’s counsel, it is just and proper to reserve liberty to the appellant to approach the Sessions Court by filing fresh petition under Section 438 of Cr.P.C., in case he has been

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arraigned as an accused or there is apprehension of his

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arrest, in that event, the learned Sessions Judge shall consider the said application and dispose it of as expeditiously as possible.

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All the contentions are kept open.

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With the above observation, the appeal is dismissed.

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Sd/JUDGE

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RJ/-

Sri K Rajendra Prasad Reddy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri K Rajendra Prasad Reddy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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