IN THE HIGH COURT OF KARNATAKA
DATED THIS THE 5TH DAY OF OCTOBER 2018
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200881/2018
DR.KAMALAKANTH S/O HANAMANTHRAYA LAGALI
AGE: 60 YEARS OCC: RETIRED PRINCIPAL
R/O: BLUE LARK APARTMENT
NEAR RAJ-RAJESHWARI HOTEL,
(BY SRI.S.S.MAMADAPUR, ADVOCATE)
THE STATE OF KARNATAKA
THROUGH BY THE PSI
GULBARGA WOMEN POLICE STATION
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
(BY SRI.MALLIKARJUN SAHUKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CRIMINAL PROCEDURE CODE PRAYING TO ALLOW
THIS ANTICIPATORY BAIL APPLICATION AND THEREBY
ISSUE DIRECTIONS TO THE CONCERNED POLICE
AUTHORITIES TO RELEASE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CONNECTION WITH
SPECIAL CASE NO.27/2018 (ARISING OUT OF
KALABURAGI WOMEN POLICE STATION,
CRIME.NO.25/2018) PENDING ON THE FILE OF II ADDL.
SESSIONS JUDGE AND SPECIAL JUDGE, KALABURAGI
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 323, 504 AND 307 OF INDIAN PENAL CODE
READ WITH SECTION 3(1) (R) 3 (1) (S) SC/ST
PREVENTION OF ATROCITIES ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
This petition is filed under Section 438 of Criminal
Procedure Code, seeking anticipatory bail in connection
with Crime.No.25/2018 of Kalaburagi Women Police
2. I have heard the learned counsel appearing for
the petitioner and the learned High Court Government
Pleader appearing for the respondent/State.
3. Initially, the case was registered for the
offences punishable under Sections 509, 307, 498A, 504,
323 and 354 read with Section 149 of Indian Penal Code
and under Sections 3(1) (10) of SC/ST (Prevention of
Atrocities) Act. After completion of the investigation the
charge sheet has been filed for the offences punishable
under Sections 323, 504 and 307 of Indian Penal Code
read with Sections 3(1) (r) 3(1) (s) of SC/ST Prevention of
Atrocities Act, 1989.
4. It is seen that, this petitioner had approached
this Court in Crl.P.No.200621/2018 and by an order dated
11.07.2018, the said petition filed under Section 438 of
Criminal Procedure Code came to be dismissed. There are
no changed circumstances so as to consider this petition.
Apart from that, the learned High Court Government
Pleader would submit that, under Sections 18 and 18(A) of
SC/ST (Prevention of Atrocities) Act, 1989, there is a bar
to entertain the petition filed under Sections 438 of
Criminal Procedure Code.
5. Considering the above facts and circumstances
of the case, I am of the view that, the petitioner is not
entitled for the relief as sought for in this petition.
Accordingly, the petition is dismissed.