Smt Asha vs State Of Karnataka
2021 Latest Caselaw 5213 Kant

                            1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 1ST DAY OF DECEMBER, 2021

                          BEFORE

           THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION NO.9229 OF 2021

BETWEEN

SMT ASHA
W/O SRI SHANTRAJU
AGED ABOUT 32 YEARS
R/AT NO.6, G BLOCK
DOBIGHAT, 1ST R BLOCK
RAJAJINAGAR
NEAR ISCON TEMPLE
BENGALURU NORTH
BENGALURU 560 010.                        ... PETITIONER

(BY SRI R B SADASIVAPPA., ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY BYADARAHALLI POLICE STTION
      REP BY LEARNED PUBLIC PROSECUTOR
      HIGH COURT BUILDING
      BENGALURU 560 001

2.   SMT. LAKSHMI N
     W/O SRI NUTHAN KUMAR
     AGED ABOUT 38 YEARS
     RA/T NO. 407, BEHIND JK BIRIYANI HOTEL
     4TH CROSS, APPANNAPPA LAYOUT
     TUNGANAGAR
     BENGALURU CITY 560 091
                                          ...RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP)
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      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 453/2021
REGISTERED BY BYADARAHALLI POLICE STATION, BENGALURU
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420, 504,
506, 34 OF IPC AND SECTION 3(1)(r)(s) OF SC/ST (POA) ACT.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:

                             ORDER

Office has raised an objection regarding

maintainability of the petition.

2. This petition is filed seeking bail under Section

439 of Cr.P.C., for the offences punishable under Sections

420, 504, 506 read with Section 34 of IPC as well as

Section 3(1)(r)(s) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Amendment

Ordinance, 2014.

3. At this stage, learned counsel for the petitioner

has filed a memo seeking permission to withdraw the

petition reserving liberty to file an appeal.

4. In view of the judgment of the Division Bench

of this Court in Crl.A.No.1078/2020 dated 30.03.2021, the

appeal under Section 14-A(2) of the Scheduled Castes and

the Scheduled Tribes (Prevention of Atrocities) Act lies, but

Petition under Sections 438 and 439 of Cr.P.C., is not

maintainable. Hence, the criminal petition is dismissed as

not maintainable reserving liberty to file an appeal under

Section 14-A(2) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act.

4. Office is directed to return the certified copy of

the documents, if any, to the learned counsel for the

petitioner.

Sd/-

JUDGE

GBB