Manoj Kumar vs State By Byatarayanapura Police ...
2021 Latest Caselaw 5336 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 2ND DAY OF DECEMBER, 2021

                         BEFORE:

        THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

           CRIMINAL APPEAL No.1449 OF 2021

BETWEEN:

MANOJ KUMAR
S/O. M.R. RANGANATHA
AGED ABOUT 31 YEARS
R/AT NO.39/1, 2ND CROSS
NEAR SBI BANK, KAMAKSHIPALYA
BANGALORE.                                       ...   APPELLANT

[BY SRI. SATHISHA D.J., ADVOCATE]

AND:

1.     STATE BY BYATARAYANAPURA
       POLICE STATION, BANGALORE
       REPRESENTED BY HIGH COURT
       GOVERNMENT PLEADER
       HIGH COURT OF KARNATAKA
       BANGALORE - 560 001.

2.     NANDADEEPA
       D/O. KUBERAPPA
       AGED ABOUT 27 YEARS
       R/AT PRIDE APARTMENT
       D' BLOCK, 1301, OPPOSITE BHEL
       DEEPANJALINAGARA, MYSORE ROAD
       BANGALORE - 560 026.                ...   RESPONDENTS

[BY SMT. RASHMI JADHAV, HCGP FOR R1.
    SMT. DHANALAKSHMI M., FOR
    SRI. SURENDRA G., ADVOCATES FOR R2.]

                           ***
     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A (2)
OF THE SC/ST (POA) ACT, PRAYING TO ALLOW THIS APPEAL AND
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SET ASIDE THE ORDER DATED 18.09.2021 PASSED BY THE LXX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE, BANGALORE AND ENLARGE THE APPELLANT/ACCUSED ON
BAIL IN CR.NO.253/2021 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 376, 313, 307 AND 417 OF IPC AND 3(1)(w)(i)(ii),
3(1)(r)(s) AND 3(2)(v) OF SC/ST (POA) ACT.

     THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

The learned counsel for the appellant submits that

since charge-sheet is now filed, the appellant may be

permitted to approach the Sessions Court afresh under

Section 439 of Cr.P.C., by placing all the relevant material.

2. Permission sought is granted.

3. In the event of accused/appellant filing a

petition under Section 439 of Cr.P.C., the same shall be

disposed of by the trial Court expeditiously, keeping in view

that he is in judicial custody.

Criminal Appeal is dismissed as withdrawn with the

above observation.

Sd/-

JUDGE Ksm*