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Judgments of Supreme Court of India and High Courts

Dr. Kamalakanth vs The State Of Karnataka on 5 October, 2018

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 5TH DAY OF OCTOBER 2018

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION No.200881/2018

BETWEEN:

DR.KAMALAKANTH S/O HANAMANTHRAYA LAGALI
AGE: 60 YEARS OCC: RETIRED PRINCIPAL
R/O: BLUE LARK APARTMENT
NEAR RAJ-RAJESHWARI HOTEL,
KALABURAGI-585102.

… PETITIONER

(BY SRI.S.S.MAMADAPUR, ADVOCATE)

AND:

THE STATE OF KARNATAKA
THROUGH BY THE PSI
GULBARGA WOMEN POLICE STATION
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585102.
… RESPONDENT

(BY SRI.MALLIKARJUN SAHUKAR, HCGP)
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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:
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ORDER

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

Station.

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.

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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.

Sd/-

JUDGE

KJJ

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