Dismissed

Sri. Ashoka. K. a. v. State of Karnataka by

Karnataka HC11 Sept 2024CRL.A/1521/2024

Case brief

AI extract

What is this about?

A petitoner filed a Criminal Appeal under Section 14-A(2) of the SC/ST Act seeking to set aside a rejection order and was granted bail in the underlying proceeding. The aggrieved counsel sought to withdraw the appeal to file a habeas corpus petition. The court allowed withdrawal and dismissed the appeal as withdrawn.

What did the court decide?

Petitioner granted permission to withdraw the appeal and file a writ petition; appeal dismissed as withdrawn.

Sri. Ashoka. K. a. Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2024)

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NC: 2024:KHC:37177 CRL.A No. 1521 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 1521 OF 2024

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BETWEEN:

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SRI. ASHOKA. K. A. S/O AHSWATHAPPA. G. AGED ABOUT 21 YEARS, R/AT KACHAMACHANAHALLI VILLAGE, HOSURU HOBLI, GOURIBIDANURU TALUK CHIKAKBALALPURA DIST 561 210.

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…APPELLANT

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(BY SRI. MANJUNATHA A. C., ADVOCATE)

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AND:

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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STATE OF KARNATAKA BY GOURIBIDANURU RURAL POLICE STATION, GOURIBIDANURU TOWN, CHIKKABALLAPURA DISTRICT 561 208. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU 560001.

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SMT. SUJATHAMMA W/O ANANDA AGED ABOUT 37 YEARS, R/AT KACHAMACHANAHALLI VILALGE GOWRIBIDINARU TALUK CHIKKABALLAPURA DIT 561210

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…RESPONDENTS

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(BY SRI. RAHUL RAI K., HCGP)

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NC: 2024:KHC:37177 CRL.A No. 1521 of 2024

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THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE REJECTION ORDER DATED 15.07.2024 IN SPL.S.C.NO.35/2023 PASSED BY THE ADDL., SESSIONS JUDGE, FTSC-1 (POCSO) CHIKKABALLAPURA AND IT IS PRAYED THAT THIS HONBLE COURT BE PLEASED TO RELEASE THE PETITIONER ON BAIL IN SPL.S.C.NO.35/2023 (CR.NO.13/2023) OF RESPONDENT GOWRIBIDANUR RURAL P.S., GOWRIBIDANUR TOWN CHIKKABALLAPURA DISTRICT REGISTERED FOR THE ALLEGED OFFENCE P/U/S 376(2)(n) OF IPC AND SEC.4,6 OF POCSO ACT AND ALSO UNDER SEC.3(1)(w),3(2)(v) OF SC/ST (POA) ACT NOW PENDING ON THE FILE OF THE LEARNED ADDL.SESSIONS JUDGE FTSC-1, (POCSO) AT CHIKKABALLAPURA VIDE ANNEXURE-C.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL JUDGMENT

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The learned High Court Government Pleader has raised an objection stating that the present appeal filed under Section 14-A(2) of the SC/ST Act, 1989 is not maintainable since the offences alleged against the

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3 - NC: 2024:KHC:37177 CRL.A No. 1521 of 2024

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accused is also one under the POCSO Act. He has relied on an order passed by this Court in Crl.P.No.7421/2023 disposed of on 11.10.2023.

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In the above decision, this Court has observed

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that having regard to Section 42-A of the POCSO Act, it is very clear that the provisions of the POCSO Act will prevail over the provisions of the Atrocities Act and remedy of the accused against the order of rejection of bail under Section 439 of Cr.P.C. by such Special Judge would be by filing the bail application under Section 439 of Cr.P.C., before the High Court.

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