Karnataka High Court
Sri Junaid Khan vs State By on 29 June, 2021
Author: S.Sunil Dutt Yadav
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CRIMINAL APPEAL No.493/2021
Between:
Sri Junaid Khan
S/o Javid Khan
Aged about 25 years
R/a No.66/4, Doddanna Nagar
Near Sulthan Masjid, 1st Cross,
Kaval Byrasandra
R.T. Nagar Post
Bengaluru - 560 032. ... Appellant
(By Sri Anees Ali Khan, Advocate)
And:
1. State by
Devarajeevana Halli P.S.,
Bangalore - 560 045.
Represented by
The Special Prosecutor
Mr. P. Prassanna Kumar
T-5, 3rd Floor,
Krishna Towers
No.21/22, 3rd Main Road,
Opp. Sapna Book House
Gandhi Nagara,
Bangalore - 560 009.
2. Shri R. Akhanda Srinivas Murthy
S/o Late Ramayya
Aged about 50 years
2
R/a No.32, Kaval Byrasandra,
R.T. Nagar Post
Bengaluru - 560 032. ... Respondents
(By Sri P. Prasanna Kumar, Spl. PP along with
Sri Thejesh P., HCGP for R1;
Sri Murthy D. Naik, Advocate for R2)
This Criminal Appeal is filed under Section 14(A) of SC/ST
(Prevention of Atrocities) Act, praying to enlarge the appellant on
bail in Cr.No.219/2020 (Now Spl.C.C. No.744/2020) of
Devarajeevanahalli Police Station for the offences p/u/s 143,
144, 145, 427, 435, 436, 395 r/w 149 of IPC and Section 2 of
The Karnataka Prevention of Destruction and Loss of Property
Act, and Section 3(2)(iii)(iv)(v)(va) of SC/ST (POA) Act and
Section 25(1b)(b) of Indian Arms Act pending on the file of LXX
Additional City Civil and Sessions Judge, Bengaluru (CCH-71).
This Criminal Appeal coming on for orders this day, the
Court, delivered the following:
JUDGMENT
The present appeal has been filed challenging the
order passed in Crl.Misc.No.6728/2020 disposed off on
10.12.2020. It is noticed that a subsequent bail petition by
the same accused has been disposed off in Crl. Misc.
No.4339/2021 on 02.06.2021.
2. Taking note that the order impugned in the
present case is the one passed in Crl. Misc. No.6728/2020
while the subsequent bail petition has been disposed off in
Crl. Misc. No.4339/2021, without expressing any opinion on
the merits of the present appeal and noticing that the
subsequent bail application of the appellant has been
disposed off in Crl. Misc. No.4339/2021, the present appeal
is disposed off as not calling for any adjudication, in light of
the observations made infra.
3. However, noticing that the appellant is in custody
and right of appeal is a substantive right, it is made clear
that the order impugned is not being adjudicated nor any
considered order disposing off the appeal has been made,
while reserving liberty to raise all contentions against the
impugned order in subsequent proceedings where appellant
seeks to be enlarged on bail.
4. It may also be appropriate to observe that during
the pendency of the present appeal, Crl.A.251/2021 has
been disposed off with respect to some of the accused. The
trial Court is at liberty to take note of the same as is
permissible in the event fresh bail application is filed before
the trial Court. If fresh bail application is filed, the same to
be considered expeditiously but not later than 2 weeks from
the date of presentation of the application. All contentions
of the appellant are kept open to be raised either in an
appeal against the order in Crl. Misc. No.4339/2021 or in
the fresh bail application in terms of the discussions made
above.
The appeal is disposed off accordingly.
Sd/-
JUDGE
VP
