Rajeshwari vs The State Of Karnataka And Anr
2024 Latest Caselaw 11916 Kant

Karnataka High Court

Rajeshwari vs The State Of Karnataka And Anr on 29 May, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                              -1-
                                                    NC: 2024:KHC-K:3365
                                                    CRL.A No. 200065 of 2024




                               IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                             DATED THIS THE 29TH DAY OF MAY, 2024

                                           BEFORE

                         THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                        CRIMINAL APPEAL NO.200065 OF 2024 (U/S 14 (A))

                   BETWEEN:

                         RAJESHWARI W/O PRAKASH HALLI
                         AGE: 30 YEARS,
                         OCC: ANGANWADI WORKER,
                         R/O. ALKATA NAGAR,
                         VIJAYAPURA,
                         DIST: VIJAYAPURA-586 101.

                                                                ...APPELLANT
                   (BY SRI SANJAY A PATIL, ADVOCATE)
                   AND:

                   1.    THE STATE OF KARNATAKA THROUGH,
                         POLICE JALNAGAR P.S,
Digitally signed         POLICE STATION GOLGUMBAZ CIRCLE,
by SHILPA R
TENIHALLI                DIST: VIJAYAPURA-586 101,
Location: HIGH
COURT OF
                         REPRESENTED BY ADDL. SPP,
KARNATAKA                HIGH COURT OF KARNATAKA,
                         KALABURAGI BENCH-585 103.

                   2.    LAXMAN S/O AMEENAPPA HALLI,
                         AGE: 66 YEARS OCC: COOLIE,
                         R/O. NEGINAL,
                         TQ: BASAVANA BAGEWADI,
                         DIST: VIJAYAPURA-586 101.
                                                          ...RESPONDENTS
                   (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R-1;
                   R-2 SERVED)
                              -2-
                                    NC: 2024:KHC-K:3365
                                    CRL.A No. 200065 of 2024




     THIS CRL.A IS FILED U/SEC. 14 (A) OF PREVENTION OF
ATROCITIES OF SC/ST (AMENDMENT) ACT 2015, PRAYING TO
SET ASIDE THE ORDER DATED 06.01.2024 PASSED IN SPECIAL
CASE (SC/ST) NO.36/2022 ON THE FILE OF II ADDL. DISTRICT
AND SESSIONS JUDGE VIJAYAPURA AND THEREBY ENLARGE
THE APPELLANT ON BAIL IN SPECIAL CASE (SC/ST)
NO.36/2022 ON THE FILE OF II ADDL. DISTRICT AND
SESSIONS JUDGE VIJAYAPURA CHARGE SHEETED FOR THE
OFFENCES PUNISHABLE U/SECS. 302 R/W 34 OF IPC AND SEC.
3(2) (V-A) OF SC/ST AMENDMENT ACT, 2015 REGISTERED
ARISING OUT OF CRIME NO.45/2022 REGISTERED BY
JAINAGAR POLICE STATION, DIST. VIJAYAPURA,

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

                         JUDGMENT

Learned counsel for the appellant submits that since

charge sheet is not filed against the appellant for the

offences punishable under the provisions of Scheduled

Caste and Scheduled Tribe (Prevention of Atrocities)

Amendment Act, 2015, he may be permitted to withdraw

this appeal filed under Sections 14(A) of the SC/ST Act

with liberty to file petition under Section 439 of Cr.P.C,.

2. Submission is placed on record.

3. The appeal is dismissed as withdrawn with

liberty as prayed for.

NC: 2024:KHC-K:3365

4. All contentions urged in the appeal are kept

open.

5. The Registry is directed to return all original

papers of the appeal, after retaining photostat copy of the

same and also to return certified copy of charge sheet.

Sd/-

JUDGE

NMS