Sharath H R vs State Of Karnataka By Hsr Layout ...
2022 Latest Caselaw 11349 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 11TH DAY OF AUGUST, 2022

                       BEFORE

      THE HON'BLE MR. JUSTICE K. NATARAJAN

         CRIMINAL PETITION NO.6352/2022

BETWEEN:-

Sharath H.R.,
S/o. Ramakrishna,
Aged about 26 years,
R/a C/o. Anachida Block &
White M.R.P. Shop,
Near Union Bank,
Bagaluru Cross,
Kattigena Village,
Bengaluru-562 114
                                      ...PETITIONER
(By Sri Harsha D. Joshi, Advocate)

AND

State of Karnataka,
by H.S.R. Layout Police Station,
Bangalore,
Represented by
S.P.P., High Court Building,
Bangalore-560 001
                                     ...RESPONDENT
(By Sri Krishna Kumar K.K., HCGP)
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     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO.44/2022 OF
H.S.R. LAYOUT POLICE STATION, BENGALURU CITY
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
376, 342, 363, 506 READ WITH SECTION 34 OF IPC
AND SECTIONS 4, 16 AND 5(I)OF THE POCSO ACT ON
THE FILE OF THE HON'BLE SPECIAL COURT THAT IS
THE SPL. COURT FOR TRIAL OF CASES FILED UNDER
POCSO ACT, (FTSC-3), BENGALURU.

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

                       ORDER

1. Learned HCGP accepts notice for the respondent.

2. Learned counsel for the petitioner remained

absent.

3. Office has raised objections regarding

maintainability of the petition under Section 438 of

Cr.P.C., as the offences alleged in the charge-sheet

are punishable under Section 3(2)(v) of SC/ST(POA)

Act apart from the other Sections.

4. Since a petition is not maintainable for offences

punishable under Section 3(2)(v) of SC/ST(POA), in

view of judgment of Division Bench of this Court in

Crl.A. No.1078/2020 in the case of Lokesh v. The

State of Karnataka decided on 30.03.2021, there

is a separate provision under Section 14(A)(2) of

SC/ST (POA) Act to file an appeal.

5. Hence, petition is dismissed as not maintainable,

with liberty to the petitioner to file an appeal under

Section 14(A)(2) of SC/St(POA) Act.

6. Office to return the certified copies of the

documents to the learned counsel for the petitioner,

immediately.

Sd/-

JUDGE Sbs*