Prathap K R vs State By
2021 Latest Caselaw 5112 Kant

                          1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30TH DAY OF NOVEMBER, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION NO.9124/2021

BETWEEN

1.   PRATHAP K R
     S/O YUVARAJ K
     AGED ABOUT 25 YEARS,
     RESIDENT OF 50
     THUGGALAHALLI, SORATUR
     HONNALI TALUK
     DAVANAGERE DISTRICT-577217

2.   ARUN K T
     S/O THIMMEGOWDA K T
     AGED ABOUT 19 YEARS,
     RESIDENT OF HATHUR
     DAVANAGERE DISTRICT-577217

3.   BASAVARAJAPPA K
     S/O VIRUPAKSHAPPA
     AGED ABOUT 37 YEARS,
     RESIDENT OF NO.59
     THUGALAHALLI SORATUR
     HONNALI TALUK
     DAVANAGERE DISTRICT-577217

4.   YUVARAJA K
     S/O BASAPPA
     AGED ABOUT 55 YEARS
     RESIDENT OF NO.50
     THUGALAHALLI SORATUR
     HONNALI TALUK
     DAVANAGERE DISTRICT-577217
                            2


5.    HEMAPPA K
      S/O BASAPPA
      AGED ABOUT 50 YEARS,
      RESIDENT OF NO.29
      THUGALAHALLI SORATUR
      HONNALI TALUK
      DAVANAGERE DISTRICT-577217

6.    ASHOKA H S
      S/O SHIVANAGOWDA
      AGED ABOUT 27 YEARS,
      RESIDENT OF THUGALAHALLI SORATUR
      HONNALI TALUK
      DAVANAGERE DISTRICT-577217

7.    SHEKARAPPA G
      S/O BASAPPA
      AGED ABOUT 51 YEARS
      RESIDENT OF THUGALAHALLI
      SORATUR
      HONNALI TALUK
      DAVANAGERE DISTRICT-577217

8.    SRINIVASA J B
      S/O GOVINDAPPA JEENAHALLI
      AGED ABOUT 31 YEARS,
      RESIDENT OF KADEBEEDI
      THUGALAHALLI SORATUR
      HONNALI TALUK
      DAVANAGERE DISTRICT-577217
                                         ... PETITIONERS
(BY SRI MOHAN P.S., ADVOCATE (VIDEO CONFERENCE))

AND

STATE BY
HONNALI POLICE
BY ITS S.P.P.
HIGH COURT BUILDING
BENGALURU - 560 001.                     ... RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)
                                    3



      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.232/2021 OF HONNALI P.S., DAVANAGERE
DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION
143,147,148,447,427,323,324,354 AND 149 OF IPC AND
SECTIONS 3(1)(f), 3(1)(r), 3(1)(w), 3(2)(v), 3(2)(v-a) OF
SC/ST (POA) ACT.

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

                                 ORDER

Office has raised an objection regarding

maintainability of the petition.

2. This petition is filed under Section 438 Cr.P.C.

seeking bail in the event of the arrest in Crl.P.No.232/2021

of Honnalli Police Station, Davangere District for the

offences under punishable under Sections 143, 147, 148,

447, 427, 323, 324, 354 and 149 of IPC as well as

Sections 3(1)(f), 3(1)(r), 3(1)(w), 3(2)(v), 3(2)(v-a) of

the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act 1989.

3. In view of the judgment of the Division Bench

of this Court in Crl.A.No.1078/2020 dated 30.03.2021, the

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

the Scheduled Tribes (Prevention of Atrocities) Act lies, but

Petition under Sections 438 and 439 of Cr.P.C., is not

maintainable. Hence, the criminal petition is dismissed as

not maintainable reserving liberty to file an appeal under

Section 14-A(2) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act.

4. Office is directed to return the original

documents and certified copy of the documents, if any, to

the learned counsel for the petitioners.

Sd/-

JUDGE AKV