Guru vs The State Of Karnataka
2023 Latest Caselaw 11057 Kant

Karnataka High Court

Guru vs The State Of Karnataka on 19 December, 2023

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                                                            NC: 2023:KHC:45799
                                                         CRL.A No. 574 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                            BEFORE
                THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                            CRIMINAL APPEAL NO. 574 OF 2023
               Between:

               Guru
               S/o. Naganna,
               Now aged about 29 years,
               R/at Moledoddi Village,
               Kasaba Hobli, Channapatna Taluk,
               Ramanagara District-562 159.
                                                                     ...Appellant
               (By Sri. S.Raju, Advocate)

               And:

               1.    The State of Karnataka
                     By the Police of Channapatna Rural Police Station,
                     Channapatna-571 234,
                     Represented by State Public Prosecutor,
                     High Court of Karnataka,
Digitally signed     Bengaluru-560 001.
by SRIDEVI S
Location: HIGH 2.    Ravi
COURT OF             S/o. Late Rangaiah,
KARNATAKA            Now aged about 47 years,
                     R/at No. 26/56,
                     Behind Kurubara Hostel,
                     3rd Cross, Vinayaka Layout,
                     Mandya Town-571 421.
                                                                  ...Respondents
               (By Sri. Diwakar Maddur, HCGP, for R1)

                     This Criminal Appeal is filed u/s.14 (A)(2) of SC/ST (POA)
               Act praying to set aside the order dated 11.07.2022 passed by
               the learned 1st Additional District and Sessions Judge at
               Ramanagara in Crl.Misc.No.493/2022 and grant him bail in
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                                             NC: 2023:KHC:45799
                                          CRL.A No. 574 of 2023




Cr.No.13/2022    of   Channapatna     Rural  Police   Station,
Channapatna, pending on the file of learned 1st Additional
District and Sessions Judge at Ramanagara for the alleged
offence p/u/s 302, 307 read with 34 of IPC and section 3(2)(v)
of SC/ST (POA) Act, 2015.

      This Criminal Appeal, coming on for admission, this day,
the court made the following:

                           ORDER

Sri. S. Raju, learned counsel for the appellant is

present. Sri. Diwakar Maddur, Government Pleader is also

present.

2. This appeal is posted before the court for "Being

spoken to" because of the following reason:

On 15.12.2023, this court allowed Criminal Appeal

No.574/2023 preferred against the order dated 11.7.2022

passed by the First Addl. District and Sessions Judge,

Ramanagara in Crl.Misc.No.493/2022. After dictating the

judgment in the open court, it was noticed by me that the

order dated 11.07.2022 was the subject matter of

challenge in Crl.A.No.1292/2022 which was dismissed by

order dated 19.09.2022. In Crl.A.No.1292/2022 one of

NC: 2023:KHC:45799

the grounds taken was parity as another accused had been

admitted to bail. Ground of parity was rejected and

Crl.A.No.1292/2022 was dismissed. In spite of this, the

appellant has filed this appeal challenging the very same

order. This is nothing but misleading the court which

cannot be appreciated at all. Therefore the order dated

15.12.2023 in this appeal needs to be recalled.

Accordingly it is recalled.

3. At this stage, Sri. S. Raju, learned counsel for the

appellant seeks permission to withdraw the appeal.

Therefore considering the request, appeal is dismissed as

withdrawn. Liberty is granted to the appellant to approach

the trial court for claiming bail on any new ground other

than the grounds already urged in the earlier bail

applications.

Sd/-

JUDGE

SD