Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18853 CRL.P No. 14312 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14312 OF 2024 BETWEEN:
PUNITH KUMAR H D @ PUNITH S/O LATE DEVARAJ AGED ABOUT 28 YEARS NO.301 KAYTI HOMES APARTMENT NALLOORHALLI WHTE FILED BENGALURU CITY, NATIVE OF B HOSAHALLI VILLAGE, THIPIAHNA DURGA POST PAVAGADA TALUK, TUMKURU DISTRICT. …PETITIONER (BY SRI NARAYANA SWAMY M, ADV.) AND:
STATE BY WHITEFIELD P.S BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARANTAKA AT BANBALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER ACCUSED IN CR.NO.413/2024 FOR THE OFFENCE P/U/S 417,420,376 OF IPC AND SEC.3(1)(R),3(1)(S),3(1)(W),3(2)(Va) OF SC/ST ACT REGISTERED BY WHITE FILED P.S. PENDING IN THE COURT OF HONBEL II ADDL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18853 CRL.P No. 14312 of 2024
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Matter called twice. There is no representation on behalf of the petitioner.
2. Office has raised an objection with regard to the maintainability of the petition. The offences punishable under Sections 3(1)(r), 3(1)(s), 3(1)(w)(1), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short, 'the Act'), have been invoked against the petitioner. The petitioner has got an alternative remedy of filing an appeal under Section 14A of the Act, and therefore, this petition filed under Section 483 of BNSS, 2023, cannot be maintained. Registry was, therefore, justified in raising the office objection with regard to maintainability. Accordingly, office objection is upheld. Petition is dismissed as not maintainable, with liberty to the petitioner to prefer an appeal as provided under Section 14-A of the Act.
3. All contentions urged are kept open.
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HC-KAR NC: 2025:KHC:18853 CRL.P No. 14312 of 2024
4. Registry is directed to return the certified copies of the documents to the petitioner after retaining the Photostat copies of the same.
Sd/- (S VISHWAJITH SHETTY) JUDGE
KK