- 1 - HC-KAR NC: 2025:KHC:25227 CRL.P No. 9597 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9597 OF 2025 BETWEEN: SRI. SYED PARVEEZ MUSHRAFF, S/O SYED ZIYAULLA, AGED ABOUT 24 YEARS, R/AT NO.2659, NEAR FATHE MASJID, MUJAWAR MOHALLA, MULBAGAL, KOLAR, KARNATAKA - 563 131. …PETITIONER (BY SRI. NAUSHAD PASHA., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MAHADEVAPURA P.S., BANGALORE - 560 048. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001. 2. KUMARI MONIKA KUMARI, D/O KISHOR MURMUR, AGED ABOUT 19 YEARS, R/AT GORAGAMMA GRAMA, DAANAKUDIYA POST, BELAHAR THANA, BAKA DISTRICT, BANKA, BIHAR - 813 207. …RESPONDENTS (BY SMT.RASHMI PATEL., HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25227 CRL.P No. 9597 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENALARGE THE PETITIONER ON REGULAR BAIL, IN CR.NO.205/2025, VIDE SPL.CC.NO.1119/2025 FOR THE OFFENCE P/U/S. 115(2), 126(2), 351(2), 351(3), 352, 64, 3(5), OF BNS, ACT AND SEC. 3(1)(r), 3(1)(w) (i), (ii), 3(2) (v), SC/ST. PREVENTION OF ATROCITIES ACT, OF MAHADEVAPURA POLICE PENDING ON THE FILE OF LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-71). 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 petitioner submits that inadvertently a criminal petition under Section 439 of Cr.PC is filed instead of filing an appeal as provided under Section 14(A) of SC/ST POA Act, 1989. He submits that this petition may be dismissed as not pressed with liberty to the petitioner to file an appeal as provided under Section 14(A) of SC/ST POA Act, 1989. 2. The submission is placed on record. Petition is dismissed as withdrawn with liberty as prayed for. 3. All contentions urged in this petition are kept open. - 3 - HC-KAR NC: 2025:KHC:25227 CRL.P No. 9597 of 2025 4. Registry is directed to return the certified copies of the documents to the learned counsel for the petitioner after retaining the Photostat copies of the same. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 11