Smt Veena vs The State Of Karnataka
2023 Latest Caselaw 5194 Kant

                                                   -1-
                                                         NC: 2023:KHC:26923
                                                         CRL.A No. 1192 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 2ND DAY OF AUGUST, 2023

                                                BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 1192 OF 2022
                      BETWEEN:

                      1.    SMT. VEENA
                            W/O MONAPPA NAIK
                            AGED 42 YEARS.

                      2.    MONAPPA NAIK
                            S/O NARAYANA NAIK
                            AGED 46 YEARS

                            BOTH ARE RESIDING AT
                            SOUDHAMINI, LAKSHMI NILAYA
                            PANJA, IVATHOKLU VILLAGE
Digitally signed by         SULLIA TALUK
LAKSHMINARAYANA
MURTHY RAJASHRI             D.K.DISTRICT- 57.
Location: HIGH
COURT OF
KARNATAKA                                                      ...APPELLANTS

                      (BY SRI K RAVISHANKAR, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA
                            REPRESENTED BY SHO
                            SUBRAMANYA POLICE STATION
                            KADABA TALUK
                            D.K.DISTRICT.

                      2.    SRI.MADHAVA MADIVALA
                            S/O RAMANNA MADIVALA
                            AGED ABOUT 48 YEARS

                      3.    BHARATH KUMAR M.P.@ SAYI JEEVAN
                             -2-
                                   NC: 2023:KHC:26923
                                     CRL.A No. 1192 of 2022




     S/O MADHAVA MADIVALA
     AGED ABOUT 24 YEARS,

     BOTH ARE RESIDING AT
     MADHU FANCY
     RAMA NILAM COMPLEX
     PANJA, IVATHOKLU VILLAGE
     SULLIA TALUK
     D.K.DISTRICT-57.
                                           ...RESPONDENTS

(BY SRI RENUKA RADHYA R D, HCGP FOR R1
 SMT. SUDHA D, ADVOCATE FOR R2 & R3)

      THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 06.04.2022
PASSED IN CRL.MISC.No.5071/2022 IN RELATION TO
CR.No.35/2022 REGISTERED BY THE 1ST RESPONDENT FOR
THE OFFENCE P/U/S 323, 504, 506 OF IPC AND SECTION
3(1)(r), 3(1)(s) OF SC/ST (POA) AMENDMENT ACT PENDING
ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS
JUDGE, D.K., MANGALURU, SITTING AT PUTTUR AND
CONSEQUENTLY DISMISS THE CANCELLATION OF BAIL.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

1. Learned counsel for respondent Nos.2 and 3 submits

that the Investigating Officer has filed 'B' report in Crime

No.35/2022 of Subramanya Police Station.

2. The said submission is taken on record.

NC: 2023:KHC:26923 CRL.A No. 1192 of 2022

3. Learned counsel for the appellants submits that

if 'B' report is filed and if it is challenged by the

complainants by filing a protest petition and if the said

protest petition is allowed and the 'B' report is rejected,

then the appellants, who are the complainants, be at

liberty to revive this appeal.

4. The said submission of learned counsel for the

appellants is taken on record.

5. In view of the said submission, the appeal is

dismissed, with liberty to the appellants to revive the

appeal, if the 'B' report filed by the Investigating Officer is

set-aside.

Sd/-

JUDGE

GH