H. Jayaprakash Bhandary vs The State Of Karnataka
2023 Latest Caselaw 6414 Kant

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                                                               NC: 2023:KHC:32422
                                                           CRL.A No. 1592 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 1592 OF 2023


                      BETWEEN:

                            H. JAYAPRAKASH BHANDARY
                            S/O H. SADASHIVA BHANDARY
                            AGED ABOUT 77 YEARS
                            RESIDING AT NO.5-16-1360 (1) 1
                            SRINIDHI, MANNAGUDDA 2ND CROSS
                            MANGALURU D. K. - 575 003.
                                                                     ...APPELLANT
                      (BY SRI. LEELESH KRISHNA, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA
                            BY KAVOOR POLICE STATION
                            REPRESENTED BY STATE PUBLIC PROSECUTOR
                            HIGH COURT COMPLEX
                            BANGALORE - 560 001.

Digitally signed by   2.    ASHOK B
LAKSHMINARAYANA
MURTHY RAJASHRI             S/O GANGADHARA
Location: HIGH              AGED ABOUT 35 YEARS
COURT OF
KARNATAKA                   RESIDING AT BAMBILA MANE
                            PALTHADI VILLAGE AND POST
                            KADABA TALUK, MANGALURU D. K
                            DISTRICT - 574 212.
                                                                  ...RESPONDENTS
                      (BY SRI. R. RANGASWAMY, HCGP)
                           THIS CRIMINAL APPEAL IS FILED UNDER SECTION
                      14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE
                      THE IMPUGNED ORDER DATED :9.08.2023 PASSED BY THE II
                      ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN
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                                                         NC: 2023:KHC:32422
                                                     CRL.A No. 1592 of 2023




CRL.MISC.NO.698/2023 AND ALLOW THE APPEAL BY
DIRECTING THE RESPONDENT NO.1 TO RELEASE THE
APPELLANTS/ACCUSED     ON     BAIL IN   CR.NO.83/2023,
REGISTERED BY THE KAVOOR POLICE, MANGALURU CITY FOR
OFFENCES P/U/S 323, 504, 506 OF IPC, 1860 R/W SEC.
3(1)(r), 3(1)(s) AND 3(2)(5a) OF THE SC/ST (POA) ACT,
PENDING ON THE FILE OF THE II ADDL. DISTRICT AND
SESSIONS JUDGE, D.K., MANGALURU IN THE EVENT OF THEIR
ARREST AND PASS SUCH OTHER ORDER/S IN THE
CIRCUMSTANCES OF THE CASE AND ETC.,

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


                               JUDGMENT

1. Learned counsel for the appellant files memo

seeking withdrawal of the appeal.

Memo reads thus;

"The petitioner has preferred Crl.P.No.7943/2023 before this Honb'le Court challenging the registration of the FIR dated 07.08.2023 bearing Crime No.83/2023 by Kavoor PS, and have secured a stay of the FIR in the said matter in terms of the order dated 01.09.2023. Hence, the appellant seeks permission of this Hon'ble Court with suitable application/ petition/ appeal seeking anticipatory bail in the event of

NC: 2023:KHC:32422 CRL.A No. 1592 of 2023

dismissal of the above mentioned criminal petition or in the event the stay is vacated."

2. In view of the memo, the appeal is dismissed with

a liberty as prayed.

Sd/-

JUDGE

PNV,RMS

CT:PH