Anticipatory bail petition under Section 438 CrPC in a BNS and SC/ST (POA) Act case; counsel conceded the remedy lay under Section 14(A)(2) of the SC/ST Act by appeal. Petition dismissed as withdrawn with liberty to file an appeal.
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NC: 2024:KHC:46436 CRL.P No. 10317 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.10317 OF 2024
BETWEEN:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI.VIJAYAKUMAR S C, ADVOCATE)
AND:
STATE OF KARNATAKA BY HIRIYUR TOWN POLICE STATION HIRIYUR -577 598 CHITRADURGA DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR
NC: 2024:KHC:46436 CRL.P No. 10317 of 2024
HIGH COURT BUILDING BENGALURU-560001
…RESPONDENT
(BY SRI.M.R.PATIL, HCGP)
THIS CRL.P IS FILED U/SEC.438 CR.PC (FILED U/SEC.482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT HIRIYUR TOWN POLICE STATION, HIRIYUR, CHITRADURGA DISTRICT TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.187/2024 PENDING ON THE FILE OF LEARNED SPL. 2ND ADDL. DISTRICT AND SESSION JUDGE, CHITRADURGA REGISTERED AGAINST PETITIONERS FOR THE OFFENCE P/U/SEC.115(2), 118(1), 351(2), 352 OF BNS ACT AND SEC.3(2)(v-a) AND 3(1)(r)(s) OF SC/ST PV ACT AND ETC.
THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Learned counsel for the petitioners submits that
inadvertently, this criminal petition is filed instead of filing an appeal as provided under Section 14(A)(2) of SC/ST (POA) Act and therefore, he may be permitted to withdraw
NC: 2024:KHC:46436 CRL.P No. 10317 of 2024
the petition with liberty to file an appeal in accordance
with law.
as prayed for.
papers, which are produced by the petitioners before this
Court, after obtaining photostat copies of the same.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
NBM
List No.: 1 Sl No.: 1
3 provisions across 3 enactments
Sadath S/o Late Safiulla
Mohammed Zeeshan Ali @ Zeeshan S/o Nazrulla Shariff
State of Karnataka by Hiriyur Town Police Station
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
