Sri G M Nagesh vs State By Nandagudi P S
2021 Latest Caselaw 2054 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.1139/2021

BETWEEN:

1. SRI. G. M. NAGESH,
   S/O MARIYAPPA,
   AGED ABOUT 35 YEARS,
   R/AT C. T. GOLLAHALLI VILLAGE,
   KEMBALIGANAHALLI,
   NANDAGUDI HOBLI, HOSAKOTE TALUK,
   BENGALURU RURAL DISTRICT.
   BENGALURU - 560 085.

2. MARIYAPPA,
   S/O LATE MUNISHAMAPPA,
   AGED ABOUT 75 YEARS,
   R/AT C. T. GOLLAHALLI VILLAGE,
   KEMBALIGANAHALLI,
   NANDAGUDI HOBLI, HOSAKOTE TALUK,
   BENGALURU RURAL DISTRICT,
   BENGALURU - 560 085.

3. SMT. S. N. BHARATHI,
   W/O G. M. NAGESH,
   AGED ABOUT 26 YEARS,
   R/AT C. T. GOLLAHALLI VILLAGE,
   KEMBALIGANAHALLI,
   NANDAGUDI HOBLI, HOSAKOTE TALUK,
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  BENGALURU RURAL DISTRICT,
  BENGALURU - 560 085.
                                   ...PETITIONERS
(BY SRI. GANESHA G. G, ADVOCATE)

AND:

1. STATE BY NANDAGUDI P S,
   REPRESENTED BY PUBLIC PROSECUTOR,
   HIGH COURT COMPLEX,
   BANGALORE - 560 091.

2. SMT. AMBIKA,
   W/O SAMPATH,
   AGED ABOUT 23 YEARS,
   R/AT C. T. GOLLAHALLI VILLAGE,
   NANDAGUDI HOBLI, HOSAKOTE TALUK ETQ,
   BENGALURU RURAL DISTRICT,
   BENGALURU - 560 085.
                                  ...RESPONDENTS

(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1)
     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONERS PRAYING TO ENLARGE THE PETITIONERS
ON BAIL IN THE EVENT THE PETITIONERS ON BAIL IN
THE     EVENT     OF     THEIR    ARREST      IN
CR.NO.46/2020(SPL.C.NO.337/2020) REGISTERED BY
NANDAGUDI POLICE STATION, BENGALURU DISTRICT
FOR THE OFFENCE P/U/S 341,323,354(A),427,504,506
R/W 34 OF IPC AND SECTION 3(1)(w),(r),(s) OF
SC/ST(POA) AMENDMENT BILL, 2015.
     THIS CRIMINAL PETITION COMING ON FOR
ORDERS THROUGH VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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                       ORDER

Learned counsel for the petitioners submits that

he is withdrawing the petition as the appeal is

maintainable and Criminal Petition is not maintainable.

2. 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 lies

and not Criminal Petition.

Accordingly, petition is dismissed as not

pressed/not maintainable with liberty to file appeal.

Sd/-

JUDGE cbc