Criminal Appeal by a complainant seeking to set aside an anticipatory bail order dated 29.10.2022 granted to two respondents. The High Court held that as no order cancelling bail was made by the lower court, no grounds existed for the appeal.
I.A. No.1/2023 allowed; Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:37176 CRL.A No. 986 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO. 986 OF 2023
BETWEEN:
SMT RADHA M. R. W/O LATE SHIVASHANKARAPPA, AGED ABOUT 60 YEARS, R/A A-182, RENUKA KRUPA, GOPALA GOWDA BADAVANE, SHIVAMOGGA-577205.
…APPELLANT
(BY SRI. L. SRINIVASA BABU.,ADVOCATE)
AND:
Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA
BOTH RESPONDENT Nos.2 AND 3 ARE R/A VEERABHADRASHWARA NILAYA, #201, 'A' BLOCK, 3RD CROSS,
NC: 2024:KHC:37176 CRL.A No. 986 of 2023
5TH MAIN, GOPALA GOWDA BADAVANE, SHIVAMOGGA-577205.
…RESPONDENTS
(BY SRI. RANGASWAMY. R., HCGP FOR R1; SRI. R.B. DESHPANDE., ADVOCATE FOR R2 AND R3)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 29.10.2022 IN CRL.MISC.NO.1018/2022 GRANTED BY THE HONOURABLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA REGISTERED IN CR.NO.467/2022 REGISTERED BY TUNGANAGAR POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 323, 324, 354, 448, 504, 506 R/W 34 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (POA) ACT.
THIS APPEAL, COMING ON FOR OPRDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
There is a delay of 117 days in preferring the appeal.
3. I.A.No.1/2023 is allowed .
NC: 2024:KHC:37176 CRL.A No. 986 of 2023
appellant that respondent Nos.2 and 3 i.e., accused Nos.1 and 2 have been threatening the appellant/complainant and also harassing him to withdraw the complaint and therefore, they have violated condition No.3 which stipulates that they shall not tamper or threaten the complainant or any other prosecution witnesses either directly or indirectly.
NC: 2024:KHC:37176 CRL.A No. 986 of 2023
respondent Nos.2 and 3 i.e., accused Nos.1 and 2 for the offence punishable under Section 504, 448, 323, 354, 506, 304 read with Section 34 of IPC and Section 3(1)(r), 3(1)(s), 3(2)(v) of the SC/ST (POA) Act, Amendment Act, 2015.
NC: 2024:KHC:37176 CRL.A No. 986 of 2023
dismissed .
Sd/(MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 12
2 issues framed by the court
Whether the appeal for cancellation of anticipatory bail could be admitted when the Sessions Court had not passed any order to that effect.
Whether delay of 117 days in filing the appeal under the SC/ST (POA) Act warrants condonation.
4 provisions across 3 enactments
SMT RADHA M. R.
STATE OF KARNATAKA
DAKSHAYANI GANESH
SUPREETH GANESH
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
