Mahiboob vs The State Of Karnataka And Anr
2023 Latest Caselaw 6782 Kant

                                                  -1-
                                                         NC: 2023:KHC-K:7661
                                                         CRL.A No. 200180 of 2023




                                    IN THE HIGH COURT OF KARNATAKA,

                                          KALABURAGI BENCH

                             DATED THIS THE 25TH DAY OF SEPTEMBER, 2023

                                                BEFORE

                             THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

                                   CRIMINAL APPEAL NO.200180 OF 2023

                      BETWEEN:

                             MAHIBOOB S/O FAKRODDIN BALAGAR
                             AGE: 24 YEARS, OCC: COOLIE,
                             R/O ITGA AHMADABAD,
                             TQ. & DIST. KALABURAGI

                                                                       ...APPELLANT
                      (BY SRI RAJESH DODDAMANI,ADVOCATE)

                      AND:

                      1.     THE STATE OF KARNATAKA
                             AFZALPUR POLICE STATION
                             NOW REPRESENTED BY THE
                             ADDITIONAL STATE PUBLIC PROSECUTOR
Digitally signed by
SWETA KULKARNI               HIGH COURT OF KARNATAKA,
Location: HIGH
COURT OF
KARNATAKA
                             KALABURAGI BENCH - 585 102.

                      2.     SHARANAPPA S/O YANKANNA RADDODAGI
                             AGE: 40 YEARS, OCC: COLLIE,
                             R/O ITGA AHAMADABAD,
                             TQ. & DIST. KALABURAGI.
                                                              ...RESPONDENTS

                      (BY SRI. SIDDALING P. PATIL, ADDL. SPP FOR R1;
                      NOTICE TO R2 SERVED)

                              THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-
                      A(2)    OF    SCHEDULE   CASTES   AND   SCHEDULE     TRIBES
                               -2-
                                    NC: 2023:KHC-K:7661
                                    CRL.A No. 200180 of 2023




(PREVENTION OF ATROCITIES) ACT, 1989, PRAYING TO SET
ASIDE     ORDER   DATED    01.06.2023   PASSED   BY   THE   II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI
IN   CRIMINAL     MISC.   NO.836/2023   AND   CONSEQUENTLY
ENLARGE THE APPELLANT ON BAIL IN CONNECTION WITH
CRIME NO.62/2022 OF AFZALPUR POLICE STATION, AFZALPUR
KALABURAGI DISTRICT REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 302, 397 & U/S 3, 2(V) OF
SC/ST PA ACT 1989, NOW PENDING ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI
IN SPL SC/ST 59/2022, IN THE INTEREST OF JUSTICE AND
EQUITY.

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

                          JUDGMENT

The appellant/accused is before this Court in this

appeal preferred under Section 14-A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989, with a prayer to set aside the order dated

01.06.2023 passed by the Court of II Additional District

and Sessions Judge, Kalaburagi in Criminal Miscellaneous

No.836/2023 and consequently to enlarge him on bail in

Crime No.62/2022 of Afzalpur Police Station.

NC: 2023:KHC-K:7661 CRL.A No. 200180 of 2023

2. I have heard the learned counsel for the

appellant and the learned Addl. SPP appearing for the

respondent/State. Respondent No.2 - defacto complainant

is served, but there is no representation.

3. Charges are framed against the appellant for

the offence punishable under Sections 302, 397 of IPC and

Section 3 (2) (v) of the SC/ST (POA) Act, 1989.

4. The appellant had approached this Court in

Criminal Appeal No.200161/2022 for grant of bail, which

was dismissed as withdrawn by an order dated

11.10.2022, with a liberty to the appellant to file a fresh

petition before the trial Court, if the trial does not

commence within a period of four months.

5. It is submitted by the learned counsel for the

appellant that subsequent to passing of the said order, the

appellant preferred a fresh bail petition before the learned

Sessions Judge under Section 439 of Cr.P.C., and the

same has been now rejected.

NC: 2023:KHC-K:7661 CRL.A No. 200180 of 2023

6. It is brought to the notice of the Court that the

trial which is held in Special SC/ST No.59/2022 on the file

of the Court of II Additional District and Sessions Judge,

Kalaburagi is at the fag end and all the witnesses are

already examined and the case is now posted for

arguments. In that view of the matter, at this stage, the

appellant cannot be enlarged on bail, since if any view is

expressed in this petition, the same may prejudice the

case of both the parties.

7. A perusal of the impugned order passed by the

learned Sessions Judge also go to show that the petition

was rejected considering that the matter is at the fag end

of the trial.

Hence, without expressing any view on the merits of

the case, the appeal is dismissed.

Sd/-

JUDGE

SWK