Prathap Vishwanath Gowda @ Kunta vs State Of Karnataka
2021 Latest Caselaw 3460 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF OCTOBER, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

           CRIMINAL PETITION NO.7863 OF 2021

BETWEEN

PRATHAP VISHWANATH GOWDA @ KUNTA,
S/O. A.G. NARAYANAPPA,
HINDU, AGED ABOUT 22 YEARS,
ANIKARAHALLI VILLAGE,
SUGGANDAHALLI POST, MASTHI HOBLI,
MALUR TALUK, KOLAR DISTRICT,
KARNATAKA STATE.
                                          ... PETITIONER
(BY SRI UDHAYA KUMAR G., ADVOCATE)

AND

STATE OF KARNATAKA,
REPRESENTED BY P.S.I.,
MALUR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HON'BLE HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
                                          ...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.S.C.NO.10/2021
(CRIME NO.75/2021) OF MALUR POLICE STATION, KOLAR, FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148,
341, 302 READ WITH SECTION 149 OF THE INDIAN PENAL
CODE AND SECTION 3(2)(v) OF THE SC/ST (POA) ACT.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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                             ORDER

Office has raised an objection regarding

maintainability of the petition.

2. This petition is filed seeking bail under Section

439 of Cr.P.C., for the offences punishable under Sections

143, 147, 148, 341 and 302 read with Section 149 of IPC

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

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. At this stage, learned counsel for the petitioner

seeks permission to withdraw the petition.

4. 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.

5. Office is directed to return the certified copy of

the documents, if any, to the learned counsel for the

petitioner.

Sd/-

JUDGE

GBB