H. E. Raghavendra vs State Of Karnataka
2022 Latest Caselaw 11984 Kant

                          1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 20TH DAY OF SEPTEMBER, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

           CRIMINAL PETITION NO.8496 OF 2022

BETWEEN

1 . H. E. RAGHAVENDRA
    S/O. ERANAYAKA,
    AGED ABOUT 27 YEARS,
    DRIVER,
    R/O. GOWDAGERE VILLAGE,
    SIRA TALUK,
    TUMKUR DISTRICT-572 101.

2 . K. KRISHNAMURTHY
    S/O. KRISHNAPPA,
    AGED ABOUT 39 YEARS,
    R/O. CHANDRU NILAYA,
    CHURCH ROAD,
    HIRIYURU TOWN,
    AND TALUK,
    CHITRADURGA DISTRICT-515 281.

3 . S. PRABHAKARA
    S/O. SHIVANNA,
    AGED ABOUT 35 YEARS,
    R/O. MIRJA BADAVANE,
    NEAR MATAN MARKET,
    HIRIYUR TOWN AND TALUK,
    CHITRADURGA DISTRICT-515 281.
                                         ... PETITIONERS
(BY SRI R. NAGENDRA NAIK R, ADVOCATE)
                              2

AND

STATE OF KARNATAKA
BY HIRIYURU TOWN P.S.,
CHITRADURGA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.                         ... RESPONDENT

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

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO A.
GRANT ANTICIPATORY BAIL IN CR.NO.152/2022 ON THE FILE
OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
CHITRADURGA. B. DIRECT THE RESPONDENT POLICE TO
RELEASE IN THE EVENT OF THEIR ARREST IN CR.NO.152/2022
ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS
JUDGE, CHITRADURGA.

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

                        ORDER

This petition is filed seeking bail under Section

438 of Cr.P.C., in Crime No.152/2022 for the offences

punishable under Sections 341, 307, 323, 504, 506 of

IPC as well as Section 3(1)(r), 3(1)(s), 3(2) (v-a) of

Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

2. At this stage, learned counsel for the

petitionerS seeks permission to withdraw the petition.

3. In view of the judgment of the Division

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

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

Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act lies, but Petition under

Sections 438 and 439 of Cr.P.C., is not maintainable.

4. Hence, the criminal petition is dismissed as

not maintainable reserving liberty to file an appeal

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

the Scheduled Tribes (Prevention of Atrocities) Act.

5. Office is directed to return the certified

copy of the documents, if any, to the learned counsel

for the petitioners.

Sd/-

JUDGE AKV