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2025 DAILYLAW 21289 (KAR)

MR. MURALI v. THE STATE OF KARNATAKA

CRL.P/4184/2025 · 2025-03-28

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:13323 CRL.P No. 4184 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4184 OF 2025 BETWEEN: 1. MR. MURALI AGED ABOUT 26 YEARS S/O. VENU GOPAL R/AT. DOOR NO.19-89A-148 K.S. RAO NAGARA, MANGALURU D.K.,- 575 001. 2. MR. MOHAMMED SHAFIQ AGED ABOUT 27 YEARS S/O. AYOOB R/AT. DOOR NO. NO.19-89/53/9/1 K.S. RAO NAGARA, MANGALURU D.K.,- 575001. 3. MR. AKSHAY AGED ABOUT 21 YEARS S/O. YASHAVANTHA R/AT. DOOR NO. NO. 19-89A-60-46 NEAR NARAYANA GURU SANGHA K.S. RAO NAGARA, MANGALURU D.K., 575001. …PETITIONERS (BY SRI DHANANJAY KUMAR, ADV.) AND: THE STATE OF KARNATAKA BY MULKI POLICE STATION REP. BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13323 CRL.P No. 4184 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONERS ON REGULAR BAIL IN CRIME NO.7/2025 REGISTERED BY THE MULKI POLICE STATION, ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, D.K. MANGALORE, FOR THE OFFENCES P/U/S.126(2), 352, 115(2), 109(1) AND 3(5) OF THE BNS, 2023; SECTION 3(1)(r)(s) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE 2014 AND SECTION 3(2)(v-a) OF THE SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Matter called twice. There is no representation on behalf of the petitioners. 2. Registry has raised office objection with regard to maintainability of this criminal petition since FIR has been registered for the offence punishable under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The petitioners have got an alternative relief of preferring an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as against the order passed by the Court of II Addl. - 3 - NC: 2025:KHC:13323 CRL.P No. 4184 of 2025 District and Sessions Judge, D.K, Mangaluru in Crime No.7/2025 dated 14.02.2025. Under the circumstances, this criminal petition is not maintainable. Accordingly, the same is dismissed with liberty to the petitioners to prefer an appeal as aforesaid. 4. All contentions urged in the petition are left open. 5. Registry to return the certified copy of the order passed by the Court of II Addl. District and Sessions Judge, D.K, Mangaluru in Crime No.7/2025 dated 14.02.2025, after retaining the Photostat copy of the same. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS