Accused charged under IPC Sections 363 and 376 and POCSO Sections 4 and 6 appealed rejection of regular bail. In view of the court's earlier order that remedy lies under Section 439 Cr.P.C., the appeal was disposed of with liberty to file a criminal petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.1522 OF 2024
BETWEEN:
KYUM @ KYUM PASHA H.P. S/O ENAYATH PASHA AGED ABOUT 23 YEARS R/O WARD NO.3 DODDAMASZID BEEDI HOLENARASIPURA TOWN HOLENARASIPURA TALUK HASSAN-573201.
…APPELLANT
(BY SRI. CHETHAN B, ADV.,)
AND:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
BY HOLENARASIPURA TOWN P.S. HASSAN-573201 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001.
S/O LATE KALA AGED ABOUT 43 YEARS R/O HEMAVATHI NAGARA HOLENARSIPURA TOWN HASSAN-573201.
…RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP FOR R1 SRI. VINAY SHREYAS K, ADV., FOR R2)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 18.01.2024 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC I AT HASSAN, IN SPL.C.NO.546/2023 WHERE BY THE APPLICATION OF THE APPELLANT FILED U/S.439 OF CRPC SEEKING REGULAR BAIL CAME TO BE DISMISSED. AND ENLARGE THE APPELLANT WHO IS UNDER JUDICIAL CUSTODY SINCE 30.07.2023 AND GRANT REGULAR BAIL TO THE APPELLANT, IN CONNECTION WITH CRIME NO.169/2023 REGISTERED BY THE RESPONDENT HOLENARASIPURA TOWN POLICE STATION FOR THE ALLEGED OFFENCE P/U/S/ 363, 376 OF IPC SEC.4, 6 OF POCSO ACT 2012 AND U/S.3(2)(va) OF SC/ST (POA) AMENDMENT ACT 2015.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
Appellant/sole accused has sought to set aside the
order passed by the Additional District and Sessions Judge FTSC-1, Hassan in SPL.C. No.546/2023 and to enlarge him on regular bail.
NC: 2024:KHC:40226 CRL.A No.1522 of 2024
the accused against the order of rejection of bail by the Sessions Court would be by filing the bail application under Section 439 of Cr.P.C., (483 of BNS) before this Court.
he may be permitted to file a Criminal petition before this Court seeking bail.
appeal is disposed of reserving liberty to the appellant to file a Criminal petition before this court.
of the documents furnished in this appeal, retaining the photocopies of the same, forthwith.
IA.No.1/2024 is disposed of .
Sd/(MOHAMMAD NAWAZ) JUDGE
ABK
5 provisions across 4 enactments
Kyum @ Kyum Pasha H.P. S/o Enayath Pasha
State of Karnataka by Holenarasipura Town P.S.
Kumara S/o Late Kala
Mohammad Nawaz
As recorded by the court registry
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