ROHAN NITHESH SALDANHA v. THE STATION HOUSE OFFICER
CRL.P/6630/2025 · 2025-06-06
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25352 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25352 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19285 CRL.P No. 6630 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6630 OF 2025 BETWEEN:
1.
ROHAN NITHESH SALDANHA AGED ABOUT 35 YEARS, S/O LATE MARWIN SALDANHA R/AT. NO. 2-93/A, LOURDES HOUSE, VAIDHYANATH NAGAR, PACHANADY, MANGALORE, DAKSHINA KANNADA-575 008.
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VIJESH VIVEK SALDANHA, AGED ABOUT 36 YEARS, S/O LATE MARWIN SALDANHA R/AT. NO. 2-93/A, LOURDES HOUSE, VAIDHYANATH NAGAR, PACHANADY, MANGALORE, DAKSHINA KANNADA-575 008.
3.
SPOORTHY SALDANHA, AGED ABOUT 30 YEARS, W/O. VIJESH VIVEK SALDANA, R/AT. NO. 2-93/A, LOURDES HOUSE, VAIDHYANATH NAGAR, PACHANADY, MANGALORE, DAKSHINA KANNADA-575 008
4.
FLOSSIE SALDANHA, AGED ABOUT 60 YEARS, D/O LOUIS SALDANHA, R/AT. NO. 1599, 17TH A MAIN, 1ST STAGE, 5TH BLOCK, Digitally signed by KAVYA R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:19285 CRL.P No. 6630 of 2025 HBR LAYOUT, KALYAN NAGAR, BANGALORE NORTH-560 043
5.
RAYMOND MATHAIS SALDANA, AGED ABOUT 66 YEARS, S/O LOUIS SALDANHA, R/AT NO. 2-107/2, RAMSONA, BONDEL VAMANGJOOR CROSS ROAD, PACANADY VILLAGE, BONDEL POST, MANGALORE-575 008. …PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:
1.
THE STATION HOUSE OFFICER REPRESENTED BY STATION HOUSE OFFICER MANGALORE RURAL POLICE STATION THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001.
2. KESHAVA, S/O LATE APPU, AGED ABOUT 49 YEARS, R/AT NO. 2-98/8(3), VAIDYANATHA NAGAR, BONDEL POST, PACCHANADY VILLAGE, MANGALORE-575 008. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CR.NO.28/2025 DATED 17.03.2025 PERTAINING TO MANGALORE RURAL POLICE STATION, FOR THE OFFENCE P/U/S 3(1)(r)(s) OF THE
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HC-KAR NC: 2025:KHC:19285 CRL.P No. 6630 of 2025 SC AND ST (POA) ACT 1989 AND SEC. 352, 351(2), 191(2), 190 OF BNS, 2023, PENDING ON THE FILE OF HONOURABBLE COURT OF 2ND ADDL. DIST.
AND SESSIONS JUDGE, MANGALORE CITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER
Learned Counsel for the petitioners submits that inadvertently, this criminal petition under Section 438 of Cr.P.C., has been filed instead of filing an appeal as provided under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, ('SC&ST Act' for short). He submits that the present petition may be dismissed as not pressed with liberty to the petitioner to prefer an appeal under Section 14A of SC&ST Act.
2. The aforesaid submission is placed on record.
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HC-KAR NC: 2025:KHC:19285 CRL.P No. 6630 of 2025
3. Accordingly, the petition is dismissed as not pressed with liberty as prayed for.
4. Registry to return the certified copy of the documents, if any after retaining the photostat copy of the same. Sd/- (S VISHWAJITH SHETTY) JUDGE KTY List No.: 1 Sl No.: 17