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2026 DAILYLAW 40289 (KAR)

SHAMANTH S R @ CHARAN v. STATE OF KARNATAKA

CRL.P/14131/2026 · 2026-09-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010627892026 NC: 2026:KHC:51254 CRL.P No. 14131 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14131 OF 2026 BETWEEN: SHAMANTH S R @ CHARAN S/O RAVIKUMAR AGED ABOUT 20 YEARS R/A NEAR ARLIMARA COLONY, CHENNAPATTANA, HOLENARASIPURA ROAD, HASSAN TOWN …PETITIONER (BY SRI. ASHITH.V.T, ADVOCATE FOR SRI. UTSAV GOWDA P.S, ADVOCATE) AND: STATE OF KARNATAKA BY HASSAN TOWN PS REP BY SPP HIGH COURT OF KARNATAKA AT BENGALURU - 01 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 169/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 103(1), 238, 61(2), 189(2), 189(4), 304(2), 190 OF BNS, 2023 BEFORE RESPONDENT HASSAN CITY POLICE STATION PENDING ON THE FILE OF LEARNED I ADDL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HASSAN IN SPCL. C. NO. 40/2026. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010627892026 NC: 2026:KHC:51254 CRL.P No. 14131 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Registry has raised an office objection with regard to the maintainability of this petition. Charge sheet has been filed in the present case for offences punishable under Sections 103(1), 238, 61(2), 189(2), 189(4), 304(2), 249 & 190 of BNS, 2023 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the 'Act'). The bail application filed by the petitioner before the Court of Special Judge in Special Case No.40 of 2026 was rejected on 11.06.2026. 2. Section 14(A) of the Act reads as follows: "14A. Appeals.—(1) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law. - 3 - HC-KAR CNR: KAHC010627892026 NC: 2026:KHC:51254 CRL.P No. 14131 of 2026 (2) Notwithstanding anything contained in sub- section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail". 3. In view of the aforesaid, petitioner is required to file an appeal as provided under Section 14(A)(2) of the Act and this petition filed under Section 483 of BNSS, 2023 is not maintainable. Registry is therefore justified in raising an office objection with regard to the maintainability of this petition. This Criminal petition is therefore, dismissed as not maintainable with liberty to the petitioner to file an appeal as aforesaid. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 2