Accused No.2 in a murder and SC/ST atrocities case filed a second criminal appeal against the same bail rejection order dated 13.06.2023 that was already challenged in Crl.A.No.1485/2023, which was dismissed on 15.09.2023. Holding the appeal not maintainable, the High Court dismissed it.
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NC: 2024:KHC:51913 CRL.A No. 1415 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 1415 OF 2024
BETWEEN:
SRI PRUTHVIRAJ @ YATISH S/O LATE NARAYANASWAMY AGED ABOUT 24 YEARS R/AT EJUVANAHALLI VILLAGE MALURU TALUK KOLAR DISTRICT – 563 130.
…APPELLANT
(BY SRI M N ABHILASH KUMAR, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1 R2 SERVED. UNREPRESENTED)
THIS CRL.A. IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER PASSED ON 13.06.2023 IN SPECIAL S.C. IPC AND SC / ST No.6/2023 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR AND ALLOW THE APPEAL AND RELEASE THE APPELLANT ON REGULAR BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109, 201, 302 R/W 149 OF IPC AND SECTION 3(2)(v) OF SC/ST (POA) ACT, 1989 AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant -accused No.2 praying to set aside the order dated 13.06.2023 passed in Spl.S.C. IPC and SC & ST 6/2023 by the II Additional District and Sessions Judge, Kolar, whereunder the bail application of this appellant -accused No.2 sought in respect of Crime No.6/2023 of Maluru Police Station for the offences punishable under Sections 302, 201 and 109 read with Section 149 of Indian Penal Code and Section 3(2)(5) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 came to be rejected.
No.2 and learned High Court Government Pleader for respondent No.1 -State.
the II Additional District and Sessions Judge, Kolar. The said appeal filed by the appellant came to be dismissed by judgment dated 15.09.2023. The appellant again challenged the very same order dated 13.06.2023. Therefore, the appeal is not maintainable.
Hence, the appeal is dismissed.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
DSP
List No.: 1 Sl No.: 7
1 issue framed by the court
Whether a second appeal under Section 14(A)(2) SC/ST (POA) Act challenging the same bail rejection order already dismissed in Crl.A.No.1485/2023 is maintainable.
3 provisions across 2 enactments
Sri Pruthviraj @ Yatish
The State of Karnataka by Malur Police Station, Kolar, represented by State Public Prosecutor
Sri Abhishek
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
