Madhu K vs State By Police Sub Inspector
2024 Latest Caselaw 22804 Kant

Karnataka High Court

Madhu K vs State By Police Sub Inspector on 9 September, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                          -1-
                                                         NC: 2024:KHC:36627
                                                     CRL.A No. 1620 of 2024




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 9TH DAY OF SEPTEMBER, 2024

                                       BEFORE
                     THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                         CRIMINAL APPEAL NO. 1620 OF 2024


                BETWEEN:

                MADHU K
                S/O LATE KRISHNARAJ URS,
                AGED ABOUT 35 YEARS,
                R/AT NINGEGOWDANADODDI VILLAGE,
                BIDADI HOBLI,
                RAMANAGARA TALUK AND DISTRICT-562159
                                                              ...APPELLANT

                (BY SRI. KANTHARAJAPPA. M. G., ADVOCATE)


Digitally       AND:
signed by
YAMUNA K L      1.   STATE BY POLICE SUB INSPECTOR
Location:            RAMANAGARA WOMEN POLICE,
High Court of        RAMANAGARA SUB DIVISION,
Karnataka            RAMANAGARA-562159
                     REP. BY HIGH COURT SPP,
                     HIGH COURT BUILDING,
                     BENGALURU-560001.

                2.   SHIVANNA
                     S/O NARAYANAPPA,
                     AGED ABOUT 45 YEARS,
                     OCC: LABOURER,
                     R/AT CHIKKABILLAKEMPANAHALLI,
                     BIDADI HOBLI,
                                 -2-
                                                 NC: 2024:KHC:36627
                                             CRL.A No. 1620 of 2024




    RAMANAGARA TALUK AND DISTRICT-562159
                                                   ...RESPONDENTS

(BY SRI. RANGASWAMY. R., HCGP)


     THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE ORDER PASSED
BY THE LEARNED I ADDL. DIST. AND SESSIONS JUDGE AT
RAMANAGARA      IN     CRL.MISC.NO.971/2023    DATED
29.11.2023 AND GRANT BAIL TO THE APPELLANT IN
CR.NO.19/2022 IN RESPECT OF IN SPL.C.NO.52/2022 FOR
THE ALLEGED OFFENCE P/U/S 363, 376 OF PC AND U/S 4
AND 6 OF POCSO ACT, AND U/S 9 OF CHILD MARRIAGE
ACT, 2006 AND U/S 3(1)(w)(i), 3(2)(v) OF SC/ST (PA)
AMENDMENT ACT, 2015, PRESENTLY PENDING ON THE
FILE OF I ADDL. DIST. AND SESSIONS JUDGE, AT
RAMANAGARA IN SPL.C.NO.52/2022.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ


                      ORAL JUDGMENT

Office has raised an objection regarding

maintainability of this appeal.

2. In view of the observations made in

Crl.P.No.7421/2023 disposed on 11.10.2023, criminal

NC: 2024:KHC:36627

appeal is not maintainable and therefore, the office

objection is upheld.

3. Learned counsel for appellant seeks permission

of the Court to withdraw the appeal and file criminal

petition before this Court.

4. Liberty sought is granted.

5. Appeal is dismissed as withdrawn.

6. Registry is directed to return all the certified

copies of the documents furnished along with the appeal

as well as the vakalath to the learned counsel forthwith, to

enable him to file a petition before this Court.

Sd/-

(MOHAMMAD NAWAZ) JUDGE

LDC