Thippeswamy @ Thippesh Virat vs State Of Karnataka
2023 Latest Caselaw 2036 Kant

                                                  -1-
                                                           CRL.A No. 208 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 27TH DAY OF MARCH, 2023

                                               BEFORE
                    THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                CRIMINAL APPEAL NO. 208 OF 2023


                   Between:

                   Thippeswamy @ Thippesh Virat
                   S/o. Sannarangaiah
                   Aged about 25 years
                   R/o Gopagondanahalli Village
                   Kasaba Hobli, Madhugiri Taluk 572132
                   Tumakuru Distirct
                                                                      ...Appellant
                   (By Sri B.Chethan, Advocate)

                   And:

                   1.    State of Karnataka
                         By Madhugiri Police
                         Madhugiri 572132
                         Tumakuru District
Digitally signed
by SRIDEVI S             Rep. by State Public Prosecutor
Location: HIGH           High Court of Karnataka
COURT OF                 Bengaluru 560001
KARNATAKA
                   2.    Marakka
                         W/o. Venkateshappa
                         Aged about 42 years
                         R/o S.M.Krishna Extension
                         Karadipura, Madhugiri Town 572132
                         Tumakuru District
                                                                   ...Respondents
                   (By Sri K.Rahul Rai, HCGP for R1,
                    R2 - served. unrepresented)
                                -2-
                                       CRL.A No. 208 of 2023




      This Criminal Appeal is filed under Section 14(A)(2) of
SC/ST (POA) Act, praying to set aside the order dated
04.06.2022 passed by the learned III Additional District and
Sessions Judge, Tumakuru in Crl.Misc.No.615/2022 as per
Annexure-B and etc.


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


                          JUDGMENT

Heard Sri. Chethan B., learned counsel for the

appellant and the Government Pleader, Sri. K. Rahul Rai.

2. This appeal is filed challenging the order dated

4.6.2022 in Crl.Misc.615/22 on the file of III Addl. District

and Sessions Judge, Tumkuru. It is to be noted that the

very same order was challenged before this court in

Crl.A.No.1551/2022 and it was dismissed on 21.10.2022.

It is submitted by Chethan B., that subsequent to

dismissal of Crl.A.No.1551/22, accused no.3, 5 and 7

were admitted to bail and therefore on the ground of

parity, the appellant becomes entitled to claim bail.

CRL.A No. 208 of 2023

3. If this appeal is entertained it amounts to

reviewing the order dated 21.10.2022 in

Crl.A.No.1551/2022. Section 362 Cr.P.C. bars review. If

ground of parity is available, the appellant has to approach

the trial court. With this observation appeal is dismissed.

Sd/-

JUDGE

sd