Karthik S/O Appayya Pujari vs The State Of Karnataka
2022 Latest Caselaw 7380 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 24TH DAY OF MAY 2022

                          BEFORE

         THE HON'BLE MR.JUSTICE K. NATARAJAN

         CRIMINAL PETITION NO. 101494 OF 2022

BETWEEN:

KARTHIK S/O. APPAYYA PUJARI
AGE: 21 YEARS, OCC: COOLIE,
R/O. SULEBHAVI,
TQ. AND DIST. BELAGAVI - 591102.
                                                ... PETITIONER
(BY SRI. PRASHANT MATHAPATI, ADVOCATE)

AND:
1.     THE STATE OF KARNATAKA
       THROUGH PI MARIHAL POLICE STATION,
       NOW REPRESENTED BY SPP,
       HIGH COURT OF KARNATAKA,
       DHARWAD - 580008.

2.     HALASIDDA S/O. CHENNAPPA ANGADI
       AGE: 30 YEARS, OCC: PRIVATE SERVICE,
       R/O. SUNAKUMPI, TQ. BAILHONGAL,
       DIST: BELAGAVI - 591102.
                                              ... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1)
                                  2




     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C.   SEEKING    TO   GRANT     BAIL  INSOFAR  AS   THE
PETITIONER/ACCUSED-9 IN MARIHAL P.S. CRIME NO.48/2022
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION
143, 147, 148, 302, 323, 324, 427 AND 504 READ WITH SECTION
149 OF IPC AND 3(1) (s) SC/ST P.A. AMENDMENT ACT.

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


                            ORDER

The petitioner's counsel is remained absent.

2. The learned High Court Government Pleader is directed

to accept notice for respondent No.1/State.

3. Office has raised objections regarding maintainability of

the petition under Section 439 of Cr.P.C. as against the order of

rejection of bail by the Special Court for the offence punishable

under Section 3(1) (s) of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Amendment Act, 2015.

4. In view of the judgment of the Division Bench of this

Court as against the order of the rejection of bail by the Special

Court, the appeal would lie under Section 14(A)(2) of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989 (for short 'SC & ST (POA) Act'). Therefore, the petition filed

under Section 439 of Cr.P.C. is not maintainable.

5. Accordingly, the petition is dismissed as not

maintainable with a liberty to file an appeal under Section 14(A)(2)

of the SC & ST (POA) Act.

6. Office is directed to return the certified copy of the

documents to the counsel for the petitioner.

Sd/-

JUDGE

SMM