Durgadas Naik S/O Irappa Naik vs The State Of Karnataka
2024 Latest Caselaw 3391 Kant

Karnataka High Court

Durgadas Naik S/O Irappa Naik vs The State Of Karnataka on 5 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                       -1-
                                                               NC: 2024:KHC-D:2413
                                                               CRL.A No. 100207 of 2023




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                  DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                                    BEFORE
                                 THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
                           CRIMINAL APPEAL NO. 100207 OF 2023 (U/S 14 A(2) OF
                                                SC AND ST ACT)
                          BETWEEN:

                          1.    DURGADAS NAIK S/O. IRAPPA NAIK
                                AGE: 47 YEARS, OCC. BUSINESS,

                          2.    LOKESH DURGADAS NAIK
                                AGE: 22 YEARS, OCC. STUDENT,

                          3.    SMT. LAXMI NAIK W/O. DURGADAS NAIK
                                AGE: 43 YEARS, OCC. HOUSWIFE,

                              ALL ARE R/O. KOTEBAGILU, SHIRALI,
                              TQ. BHATKAL, DIST. UTTARA KANNADA-581354.
                                                                      ...APPELLANTS
                          (BY SRI VENKATESH M. KHARVI, ADVOCATE)

                          AND:

                          1.    THE STATE OF KARNATAKA
            Digitally
VIJAYALAXMI signed by
M BHAT      VIJAYALAXMI
                                THE POLICE INSPECTOR,
            M BHAT
                                BHATKAL RURAL POLICE STATION,
                                R/BY THE STATE PUBLIC PROSECUTOR,
                                HIGH COURT OF KARNATAKA,
                                DHARWAD-580008.

                          2.    MAHESH ANANT PALEKAR
                                AGE: 46 YEARS, OCC. LATHER WORK,
                                R/O. HINDU COLONY, BHATKAL,
                                TQ. BHATKAL,
                                DIST. UTTARA KANNADA-581320.
                                                                         ...RESPONDENTS
                          (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
                          R2-NOTICE SERVED BUT UNREPRESENTED)
                                  -2-
                                       NC: 2024:KHC-D:2413
                                       CRL.A No. 100207 of 2023




        THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST
ACT, SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NO.1 TO
3   ON    ANTICIPATORY   BAIL,     DIRECTING   THE   CONCERNED
BHATKAL RURAL POLICE TO ENLARGE THE ACCUSED ON BAIL IN
THE EVENT OF THEIR ARREST IN RESPECT OF BHATKAL RURAL
P.S. CRIME NO.04/2023, DATED 09.01.2023 FOR THE OFFENCE
U/SEC. 143, 323, 354B, 427, 109, 504, 506, R/W 149 OF IPC AND
U/SEC. 3(1)(R), 3(1)(S), 3(1)(T), 3(1)(W)(II), (3(2)(WA) OF THE
SC/ST (PREVENTION OF ATROCITIES-1989) AMENDMENT ACT
2015.


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

                         JUDGMENT

1. Learned counsel for the appellants submits that

appellant No.1 has filed Crl.P.No.101078/2023 before this

Court and the Coordinate Bench of this Court has stayed

further proceedings in Crime No.4/2023 registered by

Bhatkal Rural police station, Uttara Kannada district and

therefore this appeal may be dismissed as withdrawn with

liberty to the appellants to file fresh appeal, if need arises,

after disposal of Crl.P.No.101078/2023.

2. Submission is placed on record.

NC: 2024:KHC-D:2413

3. Appeal is dismissed as withdrawn with liberty as

prayed for.

Sd/-

JUDGE

KGK