R C Ganesh vs The State Of Karnataka
2021 Latest Caselaw 6117 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF DECEMBER, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

             CRIMINAL PETITION NO.9581/2021

BETWEEN

R C GANESH
S/O LATE R CHINNASWAMY
AGED ABOUT 50 YEARS
RESIDING AT NO.X163
MAHADESHWARA BLOCK
SOMWARPET TOWN AND TALUKU
KODAGU DISTRICT - 571 236.            ... PETITIONER

(BY SRI SHANKARAPPA, ADVOCATE - ABSENT)

AND

THE STATE OF KARNATAKA
SOMWARPET POLICE
SOMWARPET TALUK
KODAGU DISTRICT - 571236
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.                  ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.109/2021 OF SOMWARPET P.S., KODAGU
DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
197, 198, 420 OF IPC AND SECTION 3(1)(q) OF SC/ST (POA)
ACT AND ALSO UNDER SECTION 5(B) OF KARNATAKA SC/ST
AND OTHER B.C (RESERVATION OF APPOINTMENT ACT).
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      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Learned counsel for the petitioner is not present.

2. Office has raised an objection regarding

maintainability of the petition.

3. This petition is filed seeking bail under Section

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

197, 198, 420 of IPC, Section 3(1)(q) of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities)

Act, 1989 and Section 5(B) of the Karnataka SC/ST and

other B.C (Reservation of Appointment Act) 1990.

4. In view of the judgment of the Division Bench

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

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

Scheduled Tribes (Prevention of Atrocities) Act an appeal

lies, but Petition under Sections 438 and 439 of Cr.P.C.,

which 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.

5. Office is directed to return the certified copy of

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

petitioner.

Sd/-

JUDGE

GBB