- 1 - NC: 2025:KHC:16924 CRL.P No. 5683 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.5683 OF 2025 BETWEEN: 1. SRI. NATESHA S/O BASAPPA HINDU, AGED ABOUT 52 YEARS. 2. SRI. SHANKARA S/O LATE SHIVALINGAPPA, HINDU AGED ABOUT 43 YEARS. BOTH ARE R/O. MAKAVALLI VILLAGE KASABA HOBLI, HOLENARSIPURA TALUK HASSAN DISTRICT 573211. …PETITIONERS (BY SRI. SATHISH S.P. ADV.,) AND: 1. STATE OF KARNATAKA BY HOLENARSIPURA RURAL POLICE STATION HASSAN DISTRICT 573211 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001. 2. SRI. KRISHNAIAH S/O KALAIAH, HINDU AGED ABOUT 54 YEARS R/O. MAKAVALLI VILLAGE, KASABA HOBLI HOLENARSIPURA TALUK HASSAN DISTRICT 573211. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP) - - - THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN CR NO.25/2024 Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:16924 CRL.P No. 5683 of 2025 OF TE RESPONDENT NO.1 POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 295A R/W SECTION 34 OF IPC AFTER ONE YEAR IO HAD SOUGHT PERMISSION TO INCLUDE U/S 153 (A) (1) (A) (B) OF IPC AND SECTIONS 3 (1) (t) (u) (v) OF SC/ST (POA) ACT, WHICH IS PENDING ON THE FILE OF THE ADDL CIVIL JUDGE (JD) AND JMFC COURT AT HOLENARSIPURA, HASSAN DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY ORAL ORDER Office has raised an objection regarding maintainability of this petition for the reason that the case is registered against the petitioner for the offences punishable under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'). 2. Since the petitioner has an alternative remedy under Section 14A of the Act, the present petition under Section 438 of the Code of Criminal Procedure, 1973, is not maintainable and therefore, the Registry is justified in raising the objection regarding maintainability. 3. The petition is therefore dismissed as not maintainable with liberty to the petitioner to file an appeal as provided under Section 14A of the Act. - 3 - NC: 2025:KHC:16924 CRL.P No. 5683 of 2025 4. Registry is directed to return the certified copy of the documents, if any after retaining the photostat copy of the same. Sd/- (S VISHWAJITH SHETTY) JUDGE RV List No.: 1 Sl No.: 1