G T Basavaraj vs The State By Kote Police Station
2021 Latest Caselaw 3556 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 28TH DAY OF OCTOBER, 2021

                          BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

           CRIMINAL PETITION NO.8302 OF 2021

BETWEEN:

       G.T. BASAVARAJ
       S/O. G.V. THIPPESWAMY,
       AGED ABOUT 59 YEARS,
       OCC: ESTABLISHMENT SUPERINTENDENT
       IN K.S.R.T.C.,
       CHITRADURGA.
                                            ... PETITIONER

       (BY SRI G. NATARAJ, ADV.)

AND:

1.     THE STATE
       BY KOTE POLICE STATION,
       CHITRADURGA DISTRICT,
       REPRESENTED BY STATE PUBLIC PROSECUTOR,
       HIGH COURT BUILDING,
       BENGALURU - 560 001.

2.     UMESH Y.
       OCC: TRAFFIC INSPECTOR,
       K.S.R.T.C.
                                          ... RESPONDENTS

       (BY SRI MAHESH SHETTY, H.C.G.P.)

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     THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CRIME NO.150 OF 2021
REGISTERED     BY    CHITRADURGA     KOTE    POLICE     STATION,
CHITRADURGA,       FOR    THE   OFFENCES   PUNISHABLE    UNDER
SECTION 504 OF THE IPC AND SECTIONS 3(1)(r) AND 3(1)(s) OF
THE SC/ST (POA) ACT.

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

                           ORDER

Learned High Court Government Pleader accepts

notice for the respondent-State.

2. Office has raised objection with regard to

maintainability of the petition. The petition is filed under

Section 438 of the Code of Criminal Procedure, 1973 (for

short, 'the Cr.P.C.') for granting anticipatory bail for the

offences punishable under the provisions of Indian Penal

Code, 1860, and under the provisions of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities)

Act, 1989.

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

Bench of this Court in Criminal Appeal No.1078 of 2020

dated 30-3-2021, an appeal lies and not the petition

under Sections 438 or 439 of the Cr.P.C.

4. Accordingly, the petition is dismissed as not

maintainable with liberty to file an appeal under Section

14A(2) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

Registry is directed to return the certified copy of the

orders to the learned counsel for the petitioner, forthwith.

Sd/-

JUDGE

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