Mohan R vs The State Of Karnataka
2022 Latest Caselaw 10097 Kant

                             1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 30TH DAY OF JUNE, 2022

                         BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

          CRIMINAL APPEAL NO.943 OF 2022

BETWEEN

MOHAN R.,
S/O. RAMAMURTHY,
AGED ABOUT 26 YEARS,
R/AT KONAGHATTA VILLAGE & POST,
KASABA HOBLI, DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT - 561 203.            ... APPELLANT

[BY SRI. MADHUSUDHAN M.N., ADVOCATE]

AND

1.    THE STATE OF KARNATAKA
      BY DEVANAHALLI POLICE STATION,
      BENGALURU,
      REPRESENTED BY STATE PUBLIC PROSECUTOR,
      HIGH COURT COMPLEX,
      BENGALURU - 560 001.

2.    MISS. SUNANDA,
      D/O. NARAYANAPPA,
      AGE 32 YEARS,
      R/AT HARALURU VILLAGE,
      DEVANAHALLI TALUK,
      BENGALURU RURAL DISTRICT-562 110.      ... RESPONDENTS

[BY SRI. KRISHNA KUMAR K.K., HCGP FOR R.1;
   R.2 SERVED AND UNREPRESENTED]

                           ***
      THIS CRIMINAL APPEAL IS FILED UNDER SECTION14(A)(2)
OF SC/ST (POA) ACT, PRAYING TO ENLARGE THE APPELLANT ON
BAIL IN CR.NO.48/2022 OF RESPONDENT NO.1 DEVANAHALLI
POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376,
504, 506 READ WITH SECTION 34 OF IPC AND SECTIONS 3(1)(r),
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3(1)(s), 3(1)(w)(i)(ii) OF SC/ST (POA) ACT, 1989, PENDING ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL, BENGALURU.

     THIS CRIMINAL APPEAL COMING ON FOR ADMISSION,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for appellant submits that in view

of filing of charge-sheet, liberty may be reserved to the

appellant to approach the Sessions Court under Section

439 of Cr.P.C.

2. The accused is in judicial custody from

19.04.2022. Now the charge-sheet is filed. Hence,

liberty is reserved to the appellant to approach the

Sessions Court afresh under Section 439 of Cr.P.C. If any

such petition is filed the same shall be disposed of as

expeditiously as possible, in accordance with law.

All the contentions are kept open.

With the above observation, the appeal is dismissed

as withdrawn.

Sd/-

JUDGE HB/-