Appeal under Section 14A(2) SC/ST (POA) Act against dismissal of anticipatory bail for offences including caste-based abuse and sexual harassment. The High Court, noting the victim's Section 164 statement supporting the allegations, found the appellant not entitled to relief and dismissed the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 480 OF 2023
BETWEEN:
…APPELLANT
(BY SRI. NARASIMHAN C D.,ADVOCATE)
AND:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1; R2-SERVED)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER IN SPL.C.C.NO.439/2016 DATED 02.03.2023 PASSED BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU AND ENLARGE THE APPELLANT ON BAIL IN CR.NO.474/2015 (SPL.C.C.NO.439/2019) FOR THE OFFENCE P/U/S 3(1)(x) OF SC/ST (POA) ACT AND SECTION 504, 506, 354(D) OF IPC BY THE RESPONDENT POLICE STATION, BENGALURU, PENDING ON THE FILE OF LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-71).
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
This appeal was filed on 09.03.2023. However, learned counsel for the appellant has remained absent, when the case was listed on 07.08.2024, 31.08.2024 and today.
No.474/2015 registered at Jnanabharathi Police Station for the offences punishable under Section 3(1)(x), 3(1)(xi) of SC/ST (Prevention of Atrocities) Act, 1989 and Section 506, 504, 354(d) of IPC.
the materials on record and finding prima facie materials
NC: 2024:KHC:37059 CRL.A No. 480 of 2023
against the accused has dismissed the petition filed under
Section 438 of Cr.P.C., assigning reasons.
under Section 164 Cr.P.C., this Court is of the view that
the appellant is not entitled for the relief sought in the appeal.
Appeal is Dismissed.
SD/(MOHAMMAD NAWAZ) JUDGE
HB/List No.: 1 Sl No.: 19
1 issue framed by the court
Whether the accused was entitled to anticipatory bail despite the victim's Section 164 statement alleging sexual harassment and caste abuse.
5 provisions across 3 enactments
Rangahanath Bharadwaj S/o Seshadri R.N
State of Karnataka by Jnanabharathi PS Bangalore
Smt. Indiramma W/o Raju
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
