Rukumsab vs The State
2024 Latest Caselaw 19712 Kant

Karnataka High Court

Rukumsab vs The State on 6 August, 2024

Author: K Natarajan

Bench: K Natarajan

                                                -1-
                                                            NC: 2024:KHC-K:5699
                                                       CRL.P No. 200994 of 2024




                                IN THE HIGH COURT OF KARNATAKA

                                       KALABURAGI BENCH

                             DATED THIS THE 6TH DAY OF AUGUST, 2024

                                             BEFORE
                              THE HON'BLE MR JUSTICE K NATARAJAN

                             CRIMINAL PETITION NO.200994 OF 2024
                      BETWEEN:

                      RUKUMSAB S/O NABISAB,
                      AGE: 28 YEARS, OCC: DRIVER,
                      R/O VILLAGE MADAKI,
                      TQ. KAMALAPUR DIST. KALABURAGI

                                                                  ...PETITIONER

                      (BY SRI. LIYAQAT FAREED USTAD, ADVOCATE (ABSENT))

                      AND:

                      THE STATE THROUGH
                      KALABURAGI CITY WOMEN POLICE STATION
Digitally signed by   REPRESENTED BY ADDL. S.P.P HIGH COURT,
SHIVALEELA            OF KARNATAKA AT KALABURAGI-585107.
DATTATRAYA
UDAGI
                                                                 ...RESPONDENT
Location: High
Court Of Karnataka    (BY SMT. ANITA M. REDDY, HCGP)

                           THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
                      OF CR.P.C, PRAYING TO ALLOW THE BAIL APPLICATION AND
                      RELEASE THE ACCUSED PETITIONER ON BAIL IN CRIME
                      NO.23/2024 AT KALABURAGI WOMEN POLICE STATION FOR
                      THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147,
                      376(2) (N), 417, 504 AND 506 READ WITH SECTION 149 OF
                      IPC AND SECTION 3(1) (s) AND 2 (v) OF SC-ST P.A. ACT,
                      WHICH IS PENDING ON THE FILE OF II ADDL. DISTRICT AND
                      SESSION JUDGE KALABURAGI.
                           THIS PETITION, COMING ON FOR ORDERS THIS DAY,
                      ORDER WAS MADE THEREIN AS UNDER:
                                 -2-
                                              NC: 2024:KHC-K:5699
                                       CRL.P No. 200994 of 2024




CORAM:      HON'BLE MR JUSTICE K NATARAJAN


                            ORAL ORDER

(PER: HON'BLE MR JUSTICE K NATARAJAN)

The office has raised the objection regarding

maintainability of the petition which is filed under Section

438 of Cr.P.C., on the ground that the alleged offence is

punishable with the provisions of Sections 3(1) and 2(v) of

the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act.

02. The learned counsel for the petitioner remained

absent.

03. As per Section 14 (A) (2) of the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities)

Act, against any order, the appeal is lies. As per the

judgment of the Division Bench of this Court in Criminal

Appeal No.1078/2020 dated 30.03.2021 in the case

of Lokesh s/o Chandrashekara vs. The State of

Karnataka, the appeal is lies, but not the criminal

petition, either under Section 438 or 439 of Cr.P.C.

NC: 2024:KHC-K:5699

04. Hence, the petition is dismissed as not

maintainable.

05. The office is directed to return the documents.

06. The learned counsel for the petitioner is at

liberty to file an appeal under Section 14 (A) (2) of the

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act.

Sd/-

(K NATARAJAN) JUDGE

KJJ CT:SI