Dilip Dharani @ Vishal Tiwari vs State Of Karnataka
2022 Latest Caselaw 11553 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 26TH DAY OF AUGUST, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE K. NATARAJAN

            CRIMINAL PETITION No.7266/2022

BETWEEN:

DILIP DHARANI @ VISHAL TIWARI,
S/O ARAVINDANATHA TIWARI,
AGED ABOUT 24 YEARS,
R/AT NO.32, 2nd CROSS,
5th MAIN ROAD, N.S.PALYA,
BTM LAYOUT, 2nd STAGE,
BENGALURU - 560 078.
                                            ...PETITIONER
(BY SRI.E.R.GAJENDRA NAIDU, ADVOCATE (ABSENT))

AND:

STATE OF KARNATAKA,
BY THE STATION HOUSE OFFICER,
MICO LAYOUT POLICE STATION,
BENGALURU.
                                            ..RESPONDENT
(BY SRI.KRISHNA KUMAR K.K., HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.C.NO.740/2020 (CR.NO.148/2020) OF MICO LAYOUT P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S 143, 144, 147, 148,
302, 506 R/W 149 OF IPC, SEC.25(1)(1-b)(b) AND UNDER
SEC.27(3) OF THE INDIAN ARMS ACT AND SEC.3(2)(v) OF THE
SC/ST ACT ON THE FILE OF THE LXX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AND SPL.JUDGE, BENGALURU.

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

Learned HCGP is directed to accept notice for the

respondent.

2. Learned counsel appearing for the petitioner

has remained absent.

3. Office has raised an objection regarding

maintainability of the petition.

4. This petition is filed seeking bail under

Section 439 of Cr.P.C., for the offences punishable

under Sections 143, 144, 147, 148, 302, 506 read with

Section 149 of the IPC and under Sections 25(1)(1-

B)(b) and 27(3) of the Indian Arms Act, 1959 and

under Section 3(2)(V) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989

(for short, "the Act").

5. Learned HCGP submits that the police have

filed the charge sheet for the aforesaid offences.

6. 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

Act lies, but petition under Sections 438 and 439 of

Cr.P.C., is not maintainable.

7. Hence, the criminal petition is dismissed as

not maintainable by reserving liberty to file an appeal

under Section 14-A(2) of the Act.

8. Office is directed to return the certified copy

of the documents, if any, to the learned counsel

appearing for the petitioner.

Sd/-

JUDGE

SJK