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2025 DAILYLAW 86263 (KAR)

MANSURA v. STATE OF KARNATAKA

CRL.P/16846/2025 · 2025-12-12

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52885 CRL.P No. 16846 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16846 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MANSURA W/O. MUBARAK PASHA, AGED ABOUT 27 YEARS RESIDING AT SUGNANA NAGARA MANDIBELE ROAD VIJAYAPURA TOWN AND HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT – 562 110. …PETITIONER (BY SRI RAVANAPPA V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHO, VIJAYAPURA PS, BANGALORE RURAL – 562 135. REP. BY PUBLIC PROSECUTOR HIGH COURTS, BANGALORE – 560 001. 2. SMT. CHAITRA C N W/O. MANJUNATHA AGED ABOUT 30 YEARS RESIDING AT C/O. CHANDRAKUMAR SUGNANA NAGARA, MANDIBELE ROAD VIJAYAPURA TOWN AND HOBLI DEVANAHALLI TALUK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52885 CRL.P No. 16846 of 2025 BANGALORE RURAL DISTRICT – 562 110. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.215/2025 FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 64, 65(2), 61(2)(a) OF BNS AND SECTION 4(2), 5(L), 6 OF POCSO ACT, AND SECTION 3(2)(v) OF SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, REGISTERED BY THE VIJAYAPURA POLICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The offence alleged against the petitioner includes offence punishable under Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “SC and ST Act” for brevity). The bail petition filed by the petitioner before the Sessions/Special Court in Crl.Misc.No.2232/2025 came to be rejected by order dated 29.11.2025. Section 14(A) of the SC and ST Act provides for filing of appeal challenging the said order. The co-ordinate Bench of this - 3 - HC-KAR NC: 2025:KHC:52885 CRL.P No. 16846 of 2025 Court in Crl.A.No.751/2025 by order dated 07.04.2025 has held that appeal has to be filed challenging the rejection of bail order under Section 14(A) of the SC and ST Act. In view of the same, the present petition is not maintainable. 2. Hence, the Criminal Petition is dismissed as not maintainable. 3. The petitioner is at liberty to file Criminal Appeal. 4. Registry is directed to return documents to learned counsel for the petitioner. 5. The time spent in this petition shall be excluded for the purpose of computing period of limitation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 3 Ct.sm