Smt. Gowramma vs The State By
2022 Latest Caselaw 11232 Kant

                            1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 1ST DAY OF AUGUST, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE K. NATARAJAN

              CRIMINAL PETITION NO.7044/2022


BETWEEN

1 . SMT. GOWRAMMA
    W/O LATE SHEKAR
    AGED 49 YEARS

2 . SRI SATISH
    S/O LATE SHEKAR
    AGED 32 YEARS

      BOTH ARE R/AT NO.64
      3RD MAIN, 3RD CROSS
      BSK 3RD STAGE, NEAR DARSHAN FARM
      MARAPPA LAYOUT, HOSAKERE HALLI
      BENGALURU-560085
                                           ...PETITIONERS

(BY SRI PREMNATH T N, ADVOCATE [ABSENT])

AND

THE STATE BY
HALASURGATE POLICE STATION
BENGALURU CITY
THE STATION HOUSE OFFICER
REP BY SPP
                                           ... RESPONDENT

(BY SRI K K KRISHNA KUMAR, HCGP)
                                 2




      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
THE   EVENT    OF   THEIR    ARREST     IN   CRIME    NO.47/2022
REGISTERED BY HALASURGATE POLICE STATION, BENGALURU
CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 177,
181, 196, 198, 420 OF IPC AND SECTION 3(1)(Q) OF SC AND ST
(PREVENTION OF ATROCITIES) ACT AND ETC.


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




                            ORDER

The learned High Court Government Pleader accepts notice

for the respondent-state.

2. The counsel appearing for the petitioners is absent.

The office has raised objection regarding maintainability of this

petition.

3. This petition is filed by the petitioners/accused Nos.1

and 2 under Section 438 of Cr.P.C. for granting anticipatory bail

in Crime No.47/2022 registered by Halasurgate Police Station,

Bengaluru City, for the offences punishable under Sections 177,

181, 196, 198, 420 of IPC and Section 3(1)(q) of Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

4. In view of the judgment of Division Bench of this

Court in Crl.A.No.1078/2020 dated 30.03.2021 against the

rejection of bail application, an appeal under Section 14-A(2) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act lies but not the criminal petition under Section 439/438 of

Cr.P.C. Therefore, the present petition is not maintainable.

5. Accordingly, petition is dismissed as not

maintainable with liberty to the petitioner to approach this Court

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

(Prevention of Atrocities) Act.

Sd/-

JUDGE

SN