Bharath. K. N vs The State Of Karnataka By
2022 Latest Caselaw 11569 Kant

                         1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 05TH DAY OF SEPTEMBER, 2022

                      BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

         CRIMINAL PETITION NO.7908 OF 2022

BETWEEN:

BHARATH. K. N.
S/O K.B. NARAYANA,
AGED ABOUT 24 YEARS,
R/AT I CROSS, VIDYA NAGAR,
M.G. ROAD, GUBBI,
TUMKUR DISTRICT.
PIN.
                                  ... PETITIONER
(BY SRI. SOMASHEKHARAIAH R.P., ADV.)

AND:

1.     THE STATE OF KARNATAKA BY
       GUBBI POLICE STATION
       TUMKUR DISTRICT

       REPRESENTED BY
       STATE PUBLIC PROSECUTOR,
       HIGH COURT COMPLEX,
       BENGALURU-560 001.

2.     MANOJ KUMAR G.N.
       S/O NARASIMHAMURHTY G.C
       @ KURIMURTHY, AGE 26 YEARS
       R/AT OLD A.K. COLONY
                               2

     GUBBI TOWN,
     TUMKUR DISTRICT.
                                         ... RESPONDENTS

(BY SRI. KRISHNA KUMAR K.K., HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONBLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.131/2022 OF GUBBI P.S., TUMAKURU
FOR THE OFFENCE P/U/S.143,147,148,302 R/W
SEC.149 OF IPC AND SEC.3(2)(v) OF SC/ST (POA)
ACT.

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

                            ORDER

Though this petition is filed under Section 439 of

Cr.P.C., the offences are punishable under the

provisions of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act.

2. In view of the judgment of the Hon'ble

Division Bench of this Court in Crl.A.No.1078/2020

dated 30.03.2021, appeal under Section 14-A(2) of

the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act lies and Petition under

Sections 438 & 439 of Cr.P.C. are not maintainable.

3. Accordingly, petition is dismissed with

liberty to file appeal under Section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act.

Office is directed to return the certified copy of

documents to the learned counsel for the petitioner.

Sd/-

JUDGE

JY/-