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[Cites 12, Cited by 0]

Karnataka High Court

C Anil @ Aneelkumar vs The State Of Karnataka on 17 November, 2020

                             1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF NOVEMBER 2020

                         BEFORE

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

         CRIMINAL PETITION No.5856 OF 2020
                       C/W
         CRIMINAL PETITION No.5862 OF 2020


In Crl.P.No.5856/2020

BETWEEN

C.Anil @ Aneelkumar
S/o. H.Chandrashekarappa,
Aged about 29 years,
Preparing for Administrative examination
R/o. Siddapura Village,
Challakere Taluk,
Chitradurga District-577522.
                                                 ...Petitioner
(By Sri. R.B.Deshpande, Advocate)

AND

1.    The State of Karnataka by
      Challakere Police Station,
      Challakre Circle,
      Chitradurga District-577522.
      (Represented by State Public Prosecutor,
       High Court Buildings, Bengaluru-560001)

2.    Kum. Pooja T.,
      D/o. Thimmanna
      Aged about 23 years,
      R/o. Behind Thimmappa Temple,
                                   2


      Gandi Nagara, Challakere Town,
      Chitradurga District-577522.
                                                     ...Respondents
(By Smt. Rashmi Jadhav, HCGP)

      This Criminal Petition is filed under Section 439
Cr.P.C   praying   to   enlarge       the   petitioner   on   bail   in
Cr.No.456/2020 of Challakere Police Station, Chitradurga,
for the offence punishable under Sections 201, 313, 315,
318, 354D, 376N, 504 and 506 read with 34 of IPC, Section
3(1)(r)(s), 3(1)(i) and 3(2)(va) of SC/ST (POA) Act.


In Crl.P.No.5862/2020

BETWEEN

1.    Lokesh,
      S/o. Chandrashekara
      Aged about 35 years,
      Occ: Hotel Business,
      R/o. P.Mahadevapura Village,
      Now residing at Siddapura Village,
      Challakere Taluk,
      Chitradurga District-577522.

2.    Chandrashekara
      S/o. Hanumanthappa,
      Aged about 55 years,
      Occ: Agriculturist,
      R/o. P.Mahadevapura Village,
      Now residing at Siddapura Village,
      Challakere Taluk,
      Chitradurga District-577522.

3.    Smt. Devamma,
      W/o. Chandrashekara
      Aged about 50 years,
                                3


      Occ:Household work,
      R/o. P.Mahadevapura Village,
      Now residing at Siddapura Village,
      Challakere Taluk,
      Chitradurga District-577522.
                                                   ...Petitioners
(By Sri. R.B.Deshpande, Advocate)

AND

1.    The State of Karnataka by
      Challakere Police Station,
      Challakre Circle,
      Chitradurga District-577522.
      (Represented by State Public Prosecutor,
       High Court Buildings, Bengaluru-560001)

2.    Kum. Pooja T.,
      D/o. Thimmanna
      Aged about 23 years,
      R/o. Behind Thimmappa Temple,
      Gandi Nagara, Challakere Town,
      Chitradurga District-577522.
                                                 ...Respondents
(By Smt. Rashmi Jadhav, HCGP)

      This Criminal Petition is filed under Section 438
Cr.P.C praying to enlarge the petitioner son bail in the event
of their arrest in Cr.No.456/2020 of Challakere Police
Station, Chitradurga, for the offence punishable under
Sections 201, 313, 315, 318, 354(d), 376(N), 504 and 506
read with 34 of IPC, Section 3(1)(r)(s), 3(1)(w)(i) and 3(2)(v-a)
of SC/ST (POA) Act.


       These Criminal Petitions coming on for orders this
day, the court made the following:
                               4



                           ORDER

According to section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the aggrieved person has to prefer an appeal. Even this court in Criminal Petition No. 3055/2020 disposed of on 6.8.2020 has held that appeal has to be preferred whenever trial court rejects an application for bail. In this view, both the petitions are disposed of reserving liberty to the petitioners to prefer an appeal. Registry is directed to return the certified copies of the impugned order.

Sd/-

JUDGE ckl