Krishana @ Uddandi vs The State
2021 Latest Caselaw 2982 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 23RD DAY OF JULY, 2021

                            BEFORE

        THE HON'BLE MR. JUSTICE K. NATARAJAN

       CRIMINAL REVISION PETITION NO.841 OF 2021

BETWEEN:

       KRISHANA @ UDDANDI
       S/O. DRUGAPPA,
       AGED ABOUT 26 YEARS,
       RESIDING AT KORACHARA STREET,
       RANEBENNUR TALUK,
       HAVERI DISTRICT - 560 078.
                                               ... PETITIONER

       (BY SRI C.N. RAJU, ADV.)

AND:

1.     THE STATE
       BY NAYAKANAHATTI POLICE
       CHITRADURGA,
       REPRESENTED BY S.P.P.,
       HIGH COURT OF KARNATAKA,
       BENGALURU - 560 001.

2.     ERAMMA
       W/O. SEENAPPA,
       AGED ABOUT 45 YEARS,
       RESIDING AT ANJANEYA BADAVANE,
       NAYAKANAHATTI, CHITRADURGA TALUK,
       CHITRADURGA - 577 536.
                                             ... RESPONDENTS

       (BY SRI K. NAGESHWARAPPA, H.C.G.P.)

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        THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF THE CR.P.C. PRAYING
TO SET ASIDE THE ORDER DATED 3-7-2021 PASSED BY THE 2ND
ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, IN
SPL.C.(SC/ST) NO.29 OF 2020 ARISING OUT OF CRIME NO.75 OF
2020 OF NAYAKANAHATTI POLICE, CHITRADURGA, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 201,
302 AND 396 READ WITH SECTION 149 OF THE IPC AND SECTION
3(2) (v) OF THE SC/ST (POA) ACT, 1989, AND GRANT BAIL TO THE
PETITIONER IN THE ABOVE SAID CASE BY ALLOWING THIS
PETITION.

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


                        ORDER

Heard the learned counsel for the petitioner on

maintainability.

2. The revision petition is filed to set aside the

order dated 3-7-2021 passed by the Special, 2nd

Additional District and Sessions Judge, Chitradurga,

in SPL.C.(SCST) No.29 of 2020.

3. In view of the judgment of the Hon'ble

Division Bench of this Court in Criminal Appeal

No.1078 of 2020 dated 30-3-2021, an appeal lies and

not the petition.

4. Accordingly, the revision petition is

dismissed as not maintainable with liberty to file an

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

and Scheduled Tribes (Prevention of Atrocities) Act,

1989.

Registry is directed to return the certified copy of

the orders to the learned counsel for the petitioner,

forthwith.

Sd/-

JUDGE

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