Rama S/O Annappa Savasuddi vs The State Of Karnataka on 9 December, 2021

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Karnataka High Court

Rama S/O Annappa Savasuddi vs The State Of Karnataka on 9 December, 2021

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                            1




          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

        DATED THIS THE 9 T H DAY OF DECEMBER, 2021
                         BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

           CRIMINAL PETITION NO.102377/2021


   BETWEEN:

   RAMA S/O. ANNAPPA SAVASUDDI,
   AGE: 40 YEARS, OCC: AGRICULTURE
   R/O: BOMMANAL VILLAGE-591 317
   TQ: RAIBAG
   DIST: BELAGAVI
                                ...PETITIONER
   (BY SRI SHRIHARSH A. NEELOPANT, ADV.)

   AND:

   1.     THE STATE OF KARNATAKA,
          THROUGH POLICE SUB-INSPECTOR,
          RAIBAG POLICE STATION,
          RAIBAG-591 317

   2.  ANNASAHEB S/O. PARIS KUPPANATTI
       AGE: 49 YEARS, OCC: P.D.O.,
       R/O: OFFICE OF THE
       GRAM PANCHAYAT
       BYAKUD-591 317
       TQ: RAIBAG,
       DIST: BELAGAVI
                                 ... RESPONDENTS
   (BY SRI RAMESH B. CHIGARI, HCGP)
                        2




     THIS CRIMINAL PETITION IS FILED UNDER
SECTION    438  OF   CR.P.C.,   SEEKING   TO
ENLARGE THE PETITIONER-ACCUSED NO.1 ON
ANTICIPATORY BAIL IN RAIBAG P.S. CRIME
NO.246/2021 FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 143, 147, 323, 353, 504,
506 READ WITH SECTION 149 OF IPC AND
SECTIONS 3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST
(P.O.A.) ACT, 1989, IN THE EVENT OF HIS
ARREST PENDING TRIAL OF THE SAID CASE.

    THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:

                    ORDER

Learned High Court Government Pleader accepts notice for the respondent.

2. Learned counsel for the petitioner is seeking permission to withdraw the petition, with liberty to file an appeal under Section 14(A)(2) of SC/ST(POA) Act and he files a memo, which reads thus:

"The Advocate for the petitioner most respectfully submits as under:

It is submitted that as against the impugned order, an appeal lies under Section 14(A)(2) of the SC/ST Prevention of Atrocities Act. Through oversight present petition is filed.

Wherefore, the petitioner respectfully prays that this Hon'ble Court may be pleased to permit the petitioner to withdraw the present petition with a liberty to prefer an appeal under Section 14(A)(2) of the SC/ST Prevention of Atrocities Act before this Hon'ble Court, in the ends of justice."

3. In view of the memo and the supporting submission, this petition is dismissed as withdrawn, with liberty to file an appeal under Section 14(A)(2) of SC/ST (POA) Act.

4. Registry is directed to return the documents to the learned counsel for the petitioner.

Sd/-

JUDGE Sbs*

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