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2025 DAILYLAW 46264 (KAR)

SMT MEENA v. STATE OF KARNATAKA

CRL.P/424/2025 · 2025-02-24

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:8228 CRL.P No. 424 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 424 OF 2025 (439(2)(Cr.PC) / 483(3)(BNSS)) BETWEEN: SMT. MEENA, D/O BANGARAPPA, AGED ABOUT 34 YEARS, R/AT NO.25, 2ND FLOOR, 4TH MAIN ROAD, LD BLOCK, GANGA NAGAR, R. T. NAGAR, BENGALURU - 560 032. …PETITIONER (BY SRI. VIDYASAGAR H V., ADV FOR SRI. KEMPARAJU.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY R. T. NAGAR POLICE STATION, BENGALURU, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. SANTOSH KUMAR N, S/O NAGARAJ M, AGED ABOUT 38 YEARS, R/AT NO.23, 1ST MAIN, 7TH CROSS, LAKSHMI DEVAMMA BLOCK, GANGA NAGAR, BENGALURU NORTH, BENGALURU - 560 032. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8228 CRL.P No. 424 of 2025 3. LAKSHMI NARAYANA MONI, S/O NANJAPPA, AGED ABOUT 45 YEARS, R/AT NO.55, 4TH MAIN ROAD, LA PALACE, LAKSHMAIAH BLOCK, GANGANAGAR, BENGALURU NORTH, BENGALURU - 560 032. …RESPONDENTS (BY SRI. HARISH GANAPATHY., HCGP FOR R1; SRI. SAIPRAKASH V SURYAVANSHI., ADV FOR R2 AND R3) THIS CRL.P IS FILED U/S.439(2) (FILED U/S.483(3) BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.11.2024 IN CRIME NO.313/2014 AND CANCEL THE ANTICIPATORY BAIL GRANTED DATED 22.11.2024 GRANT BY THE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, (CCH-71) BENGALURU CITY REGISTERED BY R.T.NAGAR POLICE STATION IN CRIME NO.313/2024 FOR THE OFFENCE P/US/ 115(2),127(2),3(5),308(2),351(2),352,79 R/W SEC.3(5) OF BNS 2023 AND SEC.75 OF JJ ACT AND SEC.3(1)(r)(s),(e)(z)(w),3(2)(va) OF SC/ST (POA) ACT 1989. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, defacto-complainant in Crime No.313/2024 of R. T. Nagar police station has preferred this petition seeking cancellation of anticipatory bail - 3 - NC: 2025:KHC:8228 CRL.P No. 424 of 2025 granted to respondent Nos.2 and 3/accused Nos.1 and 2, by the learned Special Court vide order dated 22.11.2024 passed in Crl.Misc.No.10468/2024. 2. The offences alleged are under Sections 3(1)(r), 3(1)(s), 3(1)(e), 3(1)(z), 3(1)(w) and 3(2)(v-a) of SC and ST (Prevention of Attrocities) Act, 1989 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 115(2), 127(2), 3(5), 308(2), 351(2), 352,79 of BNS, 2023. 3. Under Section 14A (2) of the SC and ST (POA Act) 1989, an appeal lies from an order passed by the Special Court granting or refusing bail. Hence, this petition preferred under Section 483 (3) of BNSS 2023 is not maintainable. 4. Petitioner is permitted to file an appeal as contemplated under law. 5. Petition is disposed of with the above observation. - 4 - NC: 2025:KHC:8228 CRL.P No. 424 of 2025 6. Registry shall return the certified copies of the documents furnished along with the petition, retaining photocopies of the same. 7. All the contentions are kept open. Sd/- (MOHAMMAD NAWAZ) JUDGE AMA List No.: 1 Sl No.: 37