Renuka Raj Yallappakalgudi @ Ram vs State Of Karnataka
2022 Latest Caselaw 11955 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 19TH DAY OF SEPTEMBER, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE K. NATARAJAN

            CRIMINAL PETITION No.9061/2022

BETWEEN:

RENUKA RAJ YALLAPPAKALGUDI
@ RAM, S/O YALLAPPAKALGUDI
AGED ABOUT 21 YEARS
R/A AROM BAR AND RESTAURANT
K.R.PURAM TRAFFIC POLICE STATION
OPPOSITE K.R.PURAM, BENGALURU CITY
PERMANENT RESIDENT OF SHIVAJIPETE,
GAJENDRAGAD TALUK, GADAG DISTRICT.      ...PETITIONER

(BY SRI.PRASANNA KUMAR P DAROJI, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       BY PEENYA POLICE STATION
       REP.BY STATE PUBLIC PROSECUTOR
       AMBEDKAR VEEDI, HIGH COURT
       BUILDING, BENGALURU-560 001.
2.     SMT. ROOPA
       W/O. MANJUNATH
       AGED ABOUT 40 YEARS
       R/AT MOGANNA GOWDA BUILDING
       2ND FLOOR, REDDY KATTE,
       NEAR GANESHA TEMPLE,
       NAYAKANAPALYA,NAGASANDRA POST,
       BENGALURU-560 073.             ...RESPONDENTS

(BY SRI.KRISHNA KUMAR K K, HCGP)
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      THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.254/2022 OF PEENYA P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S 3(2) (V) OF SC/ST
(POA) ACT AND SEC. 4,6 POCSO ACT AND SEC.376 OF IPC.

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

                         ORDER

This petition is filed by the petitioner-accused

under Section 439 of Cr.P.C. for granting bail in

Criminal Misc.No.8099/2022 (Cr.No.254/2022) of

Peenya Police Station, Bangalore for the offence

punishable under Sections 376 of IPC and Sections

3(2)(v) of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989.

2. In view of the judgment of Division Bench of

this Court in Crl.A.No.1078/2020 dated 30.03.2021

against the rejection of bail application, an appeal

under Section 14-A(2) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act lies but

not the criminal petition under Section 439/438 of

Cr.P.C. Therefore, the present petition is not

maintainable.

3. Accordingly, petition is dismissed as not

maintainable with liberty to the petitioner to approach

this Court under Section 14-A (2) of Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act.

4. Office is directed to return the certified copy

of the documents to learned counsel for the petitioner.

Sd/-

JUDGE

SSD