Sri. Prashanth Reddy S vs State Of Karnataka
2022 Latest Caselaw 12230 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 29TH DAY OF SEPTEMBER, 2022

                               BEFORE

            THE HON'BLE MR. JUSTICE K.NATARAJAN

             CRIMINAL PETITION NO.9705 OF 2022

BETWEEN

SRI. PRASHANTH REDDY.S,
AGED ABOUT 30 YEARS,
S/O SRINIVAS REDDY,
R/AT DOOR NO.126/1, 6TH CROSS,
NEAR GANESHA TEMPLE, SINGASANDRA,
BENGALURU-560 068
                                                      ... PETITIONER
(BY SRI.M.S. HARINATH, ADVOCATE)

AND

STATE OF KARNATAKA BY
RAMAMURTHY NAGAR POLICE,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU CITY-560 001.
                                                     ... RESPONDENT
(BY SRI. R.D. RENUKARADHYA, HCGP)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF    THE   CODE    OF     CRIMINAL     PROCEDURE,     PRAYING   TO
ENLARGE     THE    PETITIONER      ON   BAIL    IN   CR.NO.177/2022
REGISTERED     BY    RAMAMURTHY         NAGAR    POLICE    STATION,
BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION
302 READ WITH 34 OF IPC AND SECTION 3(2)(v)(va) OF THE
SCHEDULES         CASTES     AND       THE     SCHEDULES     TRIBES
(PREVENTION OF ATROCITIES) ACT, 1989 WHICH IS NOW
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PENDING BEORE THE LXX ADDITIONAL CITY CIVIL AND
SESSIONS      JUDGE     AND   SPECIAL    JUDGE,    BENGALURU      IN
SPL.C.NO.1752/2022.


       THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, 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 Crime

No.177/2022 registered by Ramamurthy Nagar Police

Station for the offences punishable under Section 302 read

with 34 of IPC and also under Sections 3(2)(v)(va) 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 by filing an appeal under Section 14A(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, if

sought for.

Sd/-

JUDGE

AG