Karnataka High Court
Panduranga And Ors vs The State Of Karnataka And Anr on 21 July, 2022
Bench: M G Uma
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF JULY, 2022
BEFORE
THE HON'BLE MRS.JUSTICE M.G. UMA
CRIMINAL APPEAL NO.200142/2022
BETWEEN:
1. PANDURANGA S/O THIPPAYYA
AGE: 56 YEARS, OCC: BUSINESS
R/O DADDY COLONY, RAICHUR
DIST. RAICHUR-584101.
2. SAPNA W/O N.VENKATESH
AGE: 32 YEARS, OCC: HOUSEHOLD WORK
R/O RAMLINGESHWAR LAYOUT
I.B.ROAD, DIST. RAICHUR-584101.
3. VENKATESH S/O G.GOPAL
AGE: 38 YEARS, OCC: BUSINESS
R/O RAMLINGESHWAR LAYOUT,
I.B.ROAD, DIST. RAICHUR-584101.
4. M.VENKATESH S/O THIPPAYYA
AGE: 62 YEARS, OCC: BUSINESS
R/O RAMLINGESHWAR LAYOUT
I.B.ROAD, DIST. RAICHUR-584101.
5. KARTHIK S/O M.VENKATESH
AGE: 29 YEARS, OCC: BUSINESS
R/O RAMLINGESHWAR LAYOUT
I.B.ROAD, DIST. RAICHUR-584101.
... APPELLANTS
(BY SRI: SACHIN.M.MAHAJAN, ADVOCATE)
2
AND:
1. THE STATE OF KARNATAKA
THROUGH S.H.O., WEST POLICE STATION
RAICHUR, DIST. RAICHUR
REPRESENTED BY ADDL. S.P.P.,
HON'BLE HIGH COURT OF KARNATAKA
BENCH AT KALABURAGI-585103.
2. SMT. DEVI W/O PRASHANTH
AGE: 30 YEARS, OCC: HOUSEHOLD WORK
R/O H.NO.1-3-573/161
STATION AREA LAYOUT, LAMBANI COLONY
RAICHUR, DIST. RAICHUR-584101.
... RESPONDENTS
(BY SMT. MAYA.T.R, HCGP FOR R1;
R2 DISPENSED WITH V/O DATED 21.07.2022)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14A OF THE SC & ST PREVENTION OF ATROCITIES ACT,
PRAYING TO ALLOW THE APPEAL AND RELAX THE
CONDITION BY EXTENDING THE TIME OF 15 DAYS
GRANTED TO THE APPELLANTS BY THIS HON'BLE COURT
IN CRIMINAL APPEAL NO.200088/2022 VIDE JUDGMENT
AND ORDER DATED 31.05.2022 PASSED BEFORE THIS
HON'BLE COURT.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants-accused Nos.1 to 3, 5 and 6 are
before this Court seeking to relax the condition by
extending the time of 15 days granted to the appellants to
appear before the Investigating Officer in the order dated
31.05.2022 passed in Criminal Appeal No.200088 of 2022
by this Court.
2. Heard Sri Sachin M Mahajan, learned counsel
for the petitioner and Smt T R Maya, learned High Court
Government Pleader for respondent No.1. Notice to
respondent No.2 is dispensed with.
3. Learned counsel for the appellants submits
that the appellants are seeking extension of time to appear
before the Investigating Officer by relaxing the condition
imposed while allowing the Criminal Appeal No.200088 of
2022 vide order dated 31.05.2022. It is stated that
appellant-accused No.6 met with an accident and he is
hospitalized. The other appellants were held up in
Uttarkhand, where natural calamities took place.
4. Even though, learned High Court Government
Pleader opposes the move saying that deliberately the
appellants are not appearing before the Investigating
Officer, considering the grounds urged, I am of the opinion
that an opportunity could be given to the appellants to
appear before the Investigating Officer, by relaxing the
condition.
5. Hence, the following:
ORDER
The appeal is allowed.
The condition is relaxed and the appellants-accused
Nos.1 to 3, 5 and 6 are directed to appear before the
Investigating Officer, within three weeks from the date of
receipt of copy of this order.
Sd/-
JUDGE
*bgn/-
