Mr. S G Nandish vs State Of Karnataka
2021 Latest Caselaw 6960 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU


      DATED THIS THE 21ST DAY OF DECEMBER, 2021

                       BEFORE:

      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

         CRIMINAL APPEAL NO. 1738 OF 2021

BETWEEN

MR.S.G.NANDISH
S/O GANGARAJAPPA
AGED ABOUT 21 YEARS
C/O CHANDRAPPA
SUNKA LAYOUT, MULABAGILU TOWN,
R/O SANGONDAHALLI
MULABAGILU TALUK
KOLAR DISTRICT - 563 131.           ... APPELLANT

[BY SRI.DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE]

AND

1.    STATE OF KARNATAKA
      REP. DEPUTY SUPERINTENDENT OF POLICE
      MULABAGILU SUB-DIVISION, MULABAGILU
      (MULABAGILU TOWN POLICE STATION)
      REP BY STATE PUBLIC PROSECUTOR,
      HIGH COURT BUILDING
      BANGALORE - 560 001.

2.    MR. MUNIVENKATAPPA.G
      S/O LATE.G. GURRAPPA
      AGED ABOUT 50 YEARS
      R/A SANGODAHALLI VILLAGE
      MULABAGILU TALUK - 563 131.   ...RESPONDENTS

[BY SMT. LEENA.C.SHIVAPURAMATH, HCGP]
                        ***
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     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14-A(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE
THE ORDER OF REJECTION OF BAIL ORDER DATED
28.09.2021 PASSED BY THE COURT OF II ADDL. DISTRICT
AND SESSIONS JUDGE, KOLAR IN CONNECTION WITH SPL.
S.C.NO.14/2021 REFUSING BAIL TO THE ACCUSED FOR THE
ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 302, 304-
A, 498-A OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT AND
SECTION 3(2)(v) OF SC/ST (POA) ACT ON THE FILE OF THE
II ADDL DISTRICT AND SESSIONS JUDGE, KOLAR

     THIS CRIMINAL APPEAL COMING ON FOR JUDGMENT
THROUGH PHYSICAL HEARING, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:


                           JUDGMENT

This appeal is preferred by the accused praying to set

aside the order dated 28.09.2021, passed by the Court of II

Addl. District and Sessions Judge at Kolar and to enlarge the

appellant on bail.

2. Charge sheet is filed for offences punishable

under Sections 302, 304-B, 498-A of Indian Penal Code,

Sections 3 and 4 of Dowry Prohibition Act and Section 3(2)(V)

of Scheduled Castes/Scheduled Tribes (Prevention of

Atrocities) Act.

3. Learned counsel submits that final opinion

regarding the cause of death has not been received. He

submits that he may be permitted to withdraw the appeal

with liberty to approach once again before the Sessions Court,

if the trial does not commence within a reasonable time.

4. Considering the submission of the learned counsel

for the appellant, appeal is dismissed as withdrawn reserving

liberty to the appellant to move the learned sessions Court, if

the trial does not commence within a period of five months

from today.

Sd/-

JUDGE

GVP