Sri. M.V.Rajanna vs State Of Karnataka
2022 Latest Caselaw 9160 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 20TH DAY OF JUNE, 2022

                         BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

          CRIMINAL APPEAL NO.690 OF 2022

BETWEEN

SRI. M.V. RAJANNA,
S/O. LATE VIRABHADRAPPA,
AGED ABOUT 37 YEARS,
R/AT THYAGARAJA COLONY,
MULABAGILU TOWN AND TALUK,
KOLAR DISTRICT-571 103.                       ... APPELLANT


[BY SRI. LAKSHMIKANTH K., ADVOCATE]


AND

1.    STATE OF KARNATAKA
      REPTD. BY SUB-INSPECTOR OF POLICE,
      MULBAGILU TOWN POLICE STATION,
      KOLAR DISTRICT,
      REP. BY ITS PUBLIC PROSECUTOR,
      HIGH COURT BUILDING,
      BANGALORE - 01.

2.    VENKATARAMAPPA
      S/O. LATE MUNISHAMAPPA,
      AGED ABOUT 65 YEARS,
      R/AT 274/2, 11TH CROSS,
      4TH MAIN, GANDHI NAGARA,
      KOLAR TOWN,
      KOLAR DISTRICT-571 103.              ... RESPONDENTS

[BY SRI. RENUKARADHYA, HCGP., FOR R-1;
  R-2 IS SERVED]

                          ***

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
OF SC/ST (POA) ACT, 2015, PRAYING TO SET ASIDE THE ORDER
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DATED 28.03.2022 IN CR.NO.19/2022 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR AND ORDER
TO RELEASE THE APPELLANT ON BAIL FOR THE OFFENCE P/U/S
465, 467, 468, 420, 506 OF IPC AND U/S 3(l), 3(1)(f), 3(1)(s),
3(1)(g) OF SC/ST (POA) ACT, MULBAGAL TOWN POLICE STATION,
PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, KOLAR.

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

                        JUDGMENT

This appeal is preferred against the impugned order

passed by the learned Sessions Judge and consequently

to enlarge the appellant on bail in Crime No.19/2022

registered at Mulbagal Town Police Station for offences

punishable under Sections 465, 467, 468, 420, 506 of

IPC and under Sections 3(l), 3(1)(f), 3(1)(r), 3(1)(s),

3(1)(g) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

2. Learned counsel for the appellant submits that

since the learned Sessions Judge has rejected the prayer

for regular bail during crime stage and since now the

charge sheet has been filed, appellant may be permitted

to approach the Sessions Court by filing a fresh petition

under Section 439 of Cr.P.C.

3. Appellant is in judicial custody from

11.03.2022. The learned Sessions Judge while

dismissing the prayer for bail has observed in the order

that if at this stage the accused is released on bail,

chances of tampering the prosecution witnesses and

threatening the complainant cannot be ruled-out. The

impugned order was passed while the investigation was

pending. Now since the investigation is completed and

charge sheet is said to have been filed, the appellant is

permitted to file a fresh petition before the Sessions

Court. In that event, the learned Sessions Judge shall

dispose of the petition as expeditiously as possible.

With the above observation, appeal is dismissed.

Sd/-

JUDGE

HB/-