Mahesh vs The State Of Karnataka
2021 Latest Caselaw 2821 Kant

                           1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF JULY, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

       CRIMINAL PETITION No.2121/2021

BETWEEN:

Mahesh,
S/o Swamy @ Shiva,
Aged about 22 years,
R/at Bheemanabeedu Village,
Gundlupet Taluk,
Chamarajanagar - 571 111.
                                            ..Petitioner
(By Sri.Veerabhadra Swamy H.P., Advocate)

AND:

1.   The State of Karnataka,
     By Gundlupet Police Station,
     Gundlupet Taluk,
     Chamarajanagar District.
     Represented by
     State Public Prosecutor,
     High Court of Karnataka,
     Bangalore - 560 001.

2.   Smt.Ratnamma,
     W/o late Shivaiah,
     Aged 38 years,
     Dr.Ambedkar Colony,
                                 2


     Channamallipura Village,
     Gundlupet - 571 111.
                                               ..Respondents
(By Sri.K.Nageshwarappa, HCGP for R1;
    R2 - Rathnamma - served)

     This Criminal petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.296/2020 of Gundlupet P.S., Chamarajanagar for
the offences P/U/S 366, 376(I)(N) of IPC and Sections
4, 6, 8, 12 of POCSO Act and Section 10 of Child
Marriage Restraint Act and Section3(2)(V)(VA) of
SC/ST (POA) Act.

      This Criminal petition coming on for Orders, this
day, the Court made the following:

                          ORDER

This petition is filed by the petitioner-accused

under Section 439 of Cr.P.C. for granting anticipatory

bail in Crime No.296/2020 registered by the Gundlupet

Police Station for the offences punishable under

Sections 376,376(i), 376(n) of IPC and Sections 4, 6, 8

and 12 of POSCO Act and Section 10 of the Child

Marriage Restraint Act and Sections 3(2)(v)(va) of the

Scheduled Castes and the Scheduled Tribes (Prevention

of Atrocities) Act, 1989.

2. In view of the judgment of Division Bench of

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

against the rejection of bail application, an appeal

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

Scheduled Tribes (Prevention of Atrocities) Act lies but

not the criminal petition under Section 439/438 of

Cr.P.C. Therefore, the present petition is not

maintainable.

3. Accordingly, petition is dismissed as not

maintainable with liberty to the petitioner to approach

this Court under Section 14-A(2) of Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act.

4. Office is directed to return the certified copy

of the documents to learned counsel for the petitioner.

Sd/-

JUDGE SSD