Darshan Gowda vs State Of Karnataka
2021 Latest Caselaw 2050 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 31ST DAY OF MAY, 2021

                     BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

       CRIMINAL PETITION No.7725/2020
                    C/W
       CRIMINAL PETITION No.7743/2020

IN CRIMINAL PETITION No.7725/2020:

BETWEEN:

DARSHAN GOWDA @ DARSHAN,
S/O LATE BASAVARAJU,
AGED ABOUT 21 YEARS,
R/AT NO.281, A CROSS, 1ST MAIN,
BACK SIDE OF BHASAVESHWARA SCHOOL,
SHIRINIVAS NAGARA,
SUNKADAKATTE,
BANGALORE CITY-560 091.
                                ...PETITIONER

(BY SRI. HARISH KUMAR H C, ADVOCATE)

AND:

1. STATE OF KARNATAKA,
   BY SAMPIGEHALLY P S,
   REP BY SPP HIGH COURT OF KARNATAKA,
   BANGALORE-560 001.
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2. NARASIMHA @ KATE,
   S/O LATE NARASIMHAMURTHY,
   AGED ABOUT 28 YEARS,
   R/AT NO.136, 2ND CROSS,
   NEAR MARAMMA TEMPLE,
   KOGILU GRAMA, YELAHANKA HOBLI,
   BANGALORE CITY-560 064.
                                ...RESPONDENTS

(BY SRI. K NAGESHWARAPPA, HCGP FOR R1)

     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR.NO.225/2019 (SPL.C.NO.169/2020) OF
SAMPIGEHALLI P.S., BENGALURU CITY FOR THE
OFFENCE P/U/S 143, 144, 147, 148, 307, 302, 120B,
109, 114 R/W 149 OF IPC AND SECTION 3(2)(5) OF
SC/ST(POA) ACT AND ETC.,
IN CRIMINAL PETITION No.7743/2020:

BETWEEN:

RAHUL S. VARMA,
S/O PRASAD RAJU,
AGED ABOUT 20 YEARS,
R/AT 10TH CROSS, (MARUTI LAYOUT),
VARMA LAYOUT, DASARAHALLY,
AMRUTHAHALLI,
BANGALORE CITY.
                                    ...PETITIONER

(BY SRI. HARISH KUMAR H C, ADVOCATE)
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AND:

1. STATE OF KARNATAKA,
   BY SAMPIGEHALLY P S,
   REP BY SPP HIGH COURT OF KARNATAKA,
   BANGALORE-560 001.

2. NARASIMHA @ KATE,
   S/O LATE NARASIMHAMURTHY,
   AGED ABOUT 28 YEARS,
   R/AT NO.136, 2ND CROSS,
   NEAR MARAMMA TEMPLE,
   KOGILU GRAMA, YELAHANKA HOBLI,
   BANGALORE CITY-560 064.

                                         ...RESPONDENTS

(BY SRI. K NAGESHWARAPPA, HCGP FOR R1)

     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CR.NO.225/2019 (SPL.C.NO.169/2020) OF
SAMPIGEHALLI P.S., BANGALORE FOR THE OFFENCE
P/U/S 143, 144, 147, 148, 307, 302, 120B, 109, 114
R/W 149 OF IPC AND SEC.3(2)(v) OF SC/ST (POA)
ACT.

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

Learned counsel for the petitioner remained

absent. HCGP present.

2. On perusal of the petition, it is filed by the

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

regular bail in Crime No.225/2019 for the offences

punishable under Sections 143, 144, 147, 148, 307,

302, 120(B), 109, 114 R/W 149 of Indian Penal Code

and Section 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act.

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

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

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

and Scheduled Tribes (Prevention of Atrocities) Act,

1989 lies and not Criminal Petition.

Therefore, both the Criminal Petitions are

dismissed as not maintainable with liberty to file

Criminal Appeal.

Sd/-

JUDGE cbc