Mr. Vijay Nandhan. B @ Pavan @ Vijay ... vs State Of Karnataka
2021 Latest Caselaw 2092 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF JUNE, 2021

                     BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

        CRIMINAL PETITION No. 623/2021

BETWEEN:

MR.VIJAY NANDHAN B
@PAVAN @[email protected],
HINDU, AGED ABOUT 23 YEARS,
S/O LATE BABU,
R/AT NO.8, 3RD CROSS,
4TH MAIN, ABBAYAPPA LAYOUT,
NEAR GOVERNMENT SCHOOL,
N.S.PALYA, B.G.ROAD,
BANGALORE CITY.
                                     ...PETITIONER

(BY SRI. A FEROZE NIZAM, ADVOCATE)

AND:

1. STATE OF KARNATAKA
   THROUGH STATION HOUSE OFFICER
   MICOLAYOUT POLICE STATION,
   BANGALORE - 560 076.
   REPRESENTED BY STATE PUBLIC PROSECUTER,
   HON'BLE HIGH COURT OF KARNATAKA,
   BANGALORE - 560 001.
                            2


2. MR. LOKESH,
   S/O MR.SELVAM,
   AGED ABOUT 22 YEARS,
   RESIDING AT NO.805,
   NEAR DPA SANGHA,
   J.D. MARA SLUM,
   BANNERGHATTA ROAD,
   BANGALORE - 560 076.
                                        ..RESPONDENTS
(BY SRI.K NAGESHWARAPPA, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.148/2020 OF MICO
LAYOUT P.S., BENGALURU CITY FOR THE OFFENCE
P/U/S 143,144,147,148,302,506 R/W 149 OF IPC AND
SEC.25(1)(1-B)(B) AND 27(3) OF INDIAN ARMS ACT
AND SEC.3(2)(V) OF SC/ST (POA) ACT AND ETC.,

     THIS CRIMINAL PETITION COMING ON FOR
ORDERS THROUGH VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:

                       ORDER

Counsel for the petitioner is not present.

Counsel for the respondent No.2 appeared and submitted that the petition is not maintainable.

In view of the judgment of Division Bench of this Court in Crl.A.1078/2020 disposed of on 30.3.2021, the petitioner is required to file appeal under Section 14-

A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and the criminal petition either under Section 438 or Section 439 is not maintainable.

Therefore, petition is dismissed as not maintainable, however liberty is granted to the petitioner to file appeal.

Office is hereby directed to return the original documents to learned counsel for the petitioner forthwith.

Sd/-

JUDGE

cbc