Sri. K Prathap Reddy vs The State Of Karnataka
2021 Latest Caselaw 2201 Kant

                        1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF JUNE, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

        CRIMINAL PETITION No.619/2021

BETWEEN:

SRI. K. PRATHAP REDDY
S/O SRI. NARASIMHA REDDY,
AGED 50 YEARS,
RESIDING AT NO 278, 5TH CROSS,
RAMAIAH CITY LAYOUT, J P NAGAR,
7TH PHASE, BENGALURU - 78,
ALSO RESDING AT DOOR NO 407,
"MARVEL" APARTMENT,
THIPPASANDRA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU.
                                     ..PETITIONER
(BY SRI. K. RAVISHANKAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
REPRESENTED BY SHO,
TALAGHATTAPURA POLICE STATION,
SUBRAMANYAPURA SUB DIVISION,
BENGALURU SOUTH,
BENGALURU 560019.

2. SRI. P. RAMASWAMY
S/O LATE PILLAPPA,
                             2


AGED ABOUT 65 YEARS,
RESIDING AT ADOOR VILLAGE,
INDALWADI POST, KASABA HOBLI,
ANEKAL TALUK, BENGALURU.
AND ALSO R/AT NO 3,
SAI SIDDHI ENCLAVE APARTMENT,
1ST CROSS, J P NAGAR, 1ST PHASE,
BENGALURU SOUTH 560078.
                                  ..RESPONDENTS
(BY SRI. MAHESH SHETTY, HCGP FOR R1;
    SRI. T K RAJAGOPALA, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY
BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CR.NO.230/2020
REGISTERED BY THALAGHATTAPURA POLICE STATION,
BENGALURU         FOR    THE     OFFENCE  P/U/S
323,341,448,506 OF IPC AND SECTION 18A,3(1)(g),
3(1)(r)(s)(z) OF SC/ST(POA) ACT AND ETC.,

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

                       ORDER

Though this petition is filed under Section 438 of

Cr.P.C., the offences are punishable under the

provisions of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act.

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

Division Bench of this Court in Crl.A.No.1078/2020

dated 30.03.2021, appeal under Section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act lies and Petition under Sections 438 &

439 of Cr.P.C. are not maintainable.

3. Accordingly, petition is dismissed with

liberty to file appeal under Section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act.

Office is directed to return the certified copy of

documents to the learned counsel for the petitioner.

SD/-

JUDGE

cbc