IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 24TH DAY OF MARCH 2015

BEFORE

THE HON'BLE MR. JUSTICE G. NARENDAR

CRIMINAL PETITION NO. 100460/2015

BETWEEN:

VEERABHADRAPPA S/O. CHANNAPPA JAMAKHANDI AGE : 37 YEARS, OCC. BUSINESS R/O. EWS-64, GAMANAGATTI ROAD NAVANAGAR, HUBBALLI.

... PETITIONER

(BY SRI : PRAKASH ANDANIMATH, ADVOCATE)

AND :

THE STATE OF KARNATAKA PRESENTED BY ITS STATE PUBLIC PROSECU8TOR (NAVANAGAR P.S.) HIGH COURT OF KARNATAKA DHARWAD BENCH, AT: DHARWAD.

... RESPONDENT

(BY SRI K.S. PATIL, HIGH COURT GOVERNMENT PLEADER)

THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN APMC NAVANAGAR P.S. CRIME NO.9/2015 FOR THE OFFENCES P/U/S 504, 506, 394, 448 R/W 34 OF IPC AND SEC. 3(1)(X) OF (P.A.) ACT, 1989.

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

O R D E R

This is a petition under Section 438 of Cr.P.C. to enlarge the petitioner on anticipatory bail.

2. It is submitted that the respondent – police have arrayed him as an accused in Crime No.9/2015 for the offences punishable under Sections 394, 504, 506 and 448 read with Section 34 of I.P.C. and Section 3 (1) (x) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act', for brevity).

3. It is pointed to the learned petitioner's counsel that the provisions of Section 18 of the Act eschewed the application under Section 438 of Cr.P.C. for the offences registered under the special enactment. Whereupon the petitioner's counsel submits that the petitioner shall appear before the jurisdictional trial Court and in the event of petitioner applying to the jurisdictional trial Court, the trial Court may be directed to consider and dispose off the bail petition on the same day. The petitioner would also take me to the complaint lodged with the respondent police. He would submit that there are no averments in the complaint, which could have led to the invocation of the provisions of the act.

4. In the background of these facts, I am of the considered opinion that it would meet the ends of justice if the Court below is directed to consider and dispose off the surrender application and bail application, if any, is preferred by the petitioner, on the same day. The above criminal petition stands disposed off.

Sd/- JUDGE

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