Sri. Sheik Sirajuddin @ Siraj Sheik v. State of Karnataka
Case brief
What is this about?
Criminal Appeal against rejection of anticipatory bail in an SC/ST atrocity case. The High Court held that since the complainant's FIR disclosed a prima facie case of atrocities, the bar under Section 18 of the Act applied, precluding anticipatory bail.
What did the court decide?
The appeal was rejected; the appellant is directed to approach the lower court for regular bail upon surrender.
What the court decided
- 1 -
CRL.A No. 1532 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5th DAY OF SEPTEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL APPEAL NO. 1532 OF 2023
BETWEEN:
SRI. SHEIK SIRAJUDDIN @ SIRAJ SHEIK S/O SM KASIM, AGED ABOUT 68 YEARS, OCC. POLITICIAN & EX-MLA, R/AT.14TH WARD, KHB COLONY, SANDUR, BELLARY, KARNATAKA-583119.
… APPELLANT
(BY SRI. CHANDRAMOULI, SR. COUNSEL FOR SMT. KEERTHANA NAGARAJ, ADVOCATE)
AND:
Issues for consideration
2 issues framed by the court
Whether the bar under Section 18 of the SC/ST (POA) Act, 1989 prohibits the grant of anticipatory bail under Section 438 CrPC when a prima facie case exists.
Whether the complaint discloses sufficient material to establish a prima facie case attracting the strict bar of Section 18 of the Act.
Parties & counsel
- appellant
Sri. Sheik Sirajuddin @ Siraj
- respondent
State of Karnataka
- respondent
Vishal Ningappa Pattihal
- respondent
Sri. Manjunath S.L.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · September
- Registered
- Case no.
- CRL.A/1532/2023
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