V Purushotham vs Komal
2024 Latest Caselaw 25785 Kant

Karnataka High Court

V Purushotham vs Komal on 30 October, 2024

                                            -1-
                                                        NC: 2024:KHC:43800
                                                    CRL.A No. 1883 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 30TH DAY OF OCTOBER, 2024

                                          BEFORE
                            THE HON'BLE MRS JUSTICE M G UMA
                           CRIMINAL APPEAL NO. 1883 OF 2024
                BETWEEN:

                   V. PURUSHOTHAM,
                   AGED ABOUT 34 YEARS,
                   S/O VASUDEVA,
                   R/AT ATTIBELE VILLAGE,
                   DEVANAHALLI,
                   BANGALORE RURAL DIST.
                                                              ...APPELLANT
                (BY SRI. H. PRAKASH, ADVOCATE)

                AND:

                   KOMAL
                   AGED ABOUT 30 YEARS,
Digitally          S/O KRISHNAPPA,
signed by          R/AT C.M. COMPLEX,
KAVYA R            1ST FLOOR,
Location:          YELAHANKA STREET,
High Court of
Karnataka          DEVANAHALLI TOWN,
                   BANGALORE RURAL DIST.
                                                            ...RESPONDENT
                       THIS CRL.A IS FILED U/S 372 R/W SEC.386(d) OF CR.PC
                1973 BY THE APPELLANT TO CHALLENGE THE IMPUGNED
                ORDER DATED 06.08.2024 ON THE APPLICATION FILED UNDER
                SEC.439(2) CR.PC PRAYING TO PASS ORDERS TO ARREST THE
                RESPONDENT / ACCUSED BY DEVANA HALLI POLICE TO
                                -2-
                                               NC: 2024:KHC:43800
                                         CRL.A No. 1883 of 2024




COMMIT HIM IN PRISON SINCE HE IS THE OFFENDER OF THE
DROP OUT CHARGES FOR CR.NO.325,331 OF IPC UNTIL FILING
OF CHARGE SHEET THERE UNDER OR UNTIL PASSING COURT
ORDERS AS PER CHAPTER XXXIII OF CR.PC

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MRS JUSTICE M G UMA


                        ORAL JUDGMENT

Heard learned counsel for the appellant on office

objections regarding maintainability of the appeal.

2. Perused the curatory memo filed by the appellant.

3. The appellant is impugning the order dismissing his

application filed under Section 439(2) of Code of Criminal

Procedure, 1973 seeking cancellation of the bail in favour of the

respondent. Even though it is contended that the appellant is

invoking Section 272 read with Section 386 of CR.P.C, the

appeal refers to the judgment of either acquittal or conviction

and not to the orders passed by the trial court. Hence, the

submission of the learned counsel is rejected.

NC: 2024:KHC:43800

4. Accordingly, the appeal is dismissed reserving

liberty to the appellant to challenge the impugned order, in

accordance with law.

Sd/-

(M G UMA) JUDGE

SS