Shri Laxmikant S/O Gunawant ... vs The State Of Karnataka
2023 Latest Caselaw 6407 Kant

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                                                      NC: 2023:KHC-D:10252
                                                       CRL.A No. 100289 of 2023




                                 IN THE HIGH COURT OF KARNATAKA,

                                         DHARWAD BENCH

                             DATED THIS THE 8TH DAY OF SEPTEMBER, 2023

                                              BEFORE

                             THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

                                CRIMINAL APPEAL NO.100289 OF 2023

                      BETWEEN:

                      SHRI. LAXMIKANT S/O GUNAWANT YALLARI
                      AGE: 23 YEARS, OCC: AGRICULTURE
                      R/O: NEAR GOKAK ROAD,
                      1 BUS STOP MUCHANDI
                      TQ. & DIST. BELAGAVI PIN CODE 590 001.
                                                                   ...APPELLANT

                      (BY SRI. ANAND R.V. ADVOCATE FOR
                      SRI. MAHANTESH S. HIREMATH, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA
                      THROUGH SHAHAPUR POLICE STATION
Digitally signed by
KHAJAAMEEN L
MALAGHAN
                      REPRESENTED BY
Location: HIGH
COURT OF              THE STATE PUBLIC PROSECUTOR,
KARNATAKA
                      HIGH COURT OF KARNATAKA
                      DHARWAD BENCH DHARWAD - 580 002.

                      SMT. LAXAMI W/O RAJU POL
                      AGE: 44 YEARS, OCC: BUSINESS
                      R/O: BASAVAN GALLI BELAGAVI
                      PIN CODE - 590 004.
                                                                ...RESPONDENTS

                      (BY SRI. PRAVEEN Y. DEVAREDDYAVARA, HCGP)
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                                    NC: 2023:KHC-D:10252
                                      CRL.A No. 100289 of 2023




     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14A(2) OF SC/ST (POA) ACT, PRAYING TO GRANT A BAIL TO
THE APPELLANT / ACCUSED NO.1 OF SHAHAPUR POLICE
STATION     IN   CRIME    NO.47/2021     FOR   THE   OFFENCES
PUNISHABLE UNDER SECTIONS 498(a), 302 AND 504 READ
WITH SECTION 34 OF IPC AND SECTIONS 3(2)(V), 3(2)(VA),
3(1)(S) OF THE SC/ST ACT, PENDING ON THE FILE OF III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI.


     THIS    APPEAL      PERTAINING    TO   DHARWAD    BENCH,
DHARWAD COMING ON FOR ORDERS THIS DAY, SITTING AT
KALABURAGI BENCH THROUGH VIDEO CONFERENCE, THE
COURT DELIVERED THE FOLLOWING::


                           JUDGMENT

This appeal is preferred by the accused for grant of

bail in Crime No.47/2021 registered at Shahapur Police

Station, wherein charge-sheet is filed for the offence

punishable under Sections 498(a), 302 and 504 read with

Section 34 of IPC and Sections 3 (2) (v), 3 (2) (va) and 3

(1) (s) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2015.

NC: 2023:KHC-D:10252 CRL.A No. 100289 of 2023

02. Appellant had approached this Court in Criminal

Appeal No.100481/2021, which was dismissed by an order

dated 27.01.2022.

03. Appellant has not disclosed in this appeal that

he had approached this Court earlier. Further, office has

raised an objection regarding maintainability of this

appeal, on the ground that there is one more appeal

preferred by the appellant in Criminal Appeal

No.100580/2022, which is also pending consideration. The

said appeal was filed on 23.09.2022, which is prior to filing

of the present appeal. Hence, office objection is upheld

and the appeal is dismissed, as not maintainable.

04. Liberty is reserved to the appellant to pursue

Criminal Appeal No.100580/2022.

Sd/-

JUDGE KJJ