IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.660/2019 BETWEEN:
1. B.Prakash Bhat, S/o. Late B.Keshava Bhat, Aged about 62 years, Advocate.
2. Smt. Jyothi P.Bhat, W/o. B.Prakash Bhat, Aged about 54 years.
Petitioner Nos.1 and 2 are R/at No.4, 3rd Cross, N.G.R.Layout, Roopena Agrahara, Bengaluru-560 068.
3. Sri. Manjunath K, S/o. Krishna M, Aged about 37 years.
4. Smt. Lakshmi S, W/o. Manjunatha K, Aged about 37 years.
Petitioner Nos. 3 and 4 are R/at No.31, 6th Cross, Hosapalya, Bengaluru-560 068. ..Petitioners (By Sri. Gowthamdev C Ullal, Advocate) AND:
1. State by Bommanahalli Police Station, Rep by Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
2. Sri. Dorai K, S/o. Kumara, Aged about 43 years, R/at No.9, Babureddy Layout, Roopena Agrahara, Bengaluru-560 068. ... Respondents (By Sri. M.Divakar Maddur, HCGP for R1; Police Report awaited in respect of R2) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.350/2018 of Bommanahalli Police Station, Bengaluru for the offence punishable under Sections 3(1) (x) of SC/ST (POA) Act and Sections 506, 504, 448 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. During the course of arguments, the learned High Court Government Pleader submitted that the petitioners-accused Nos. 1 to 4 have filed Writ Petition Nos.7286-7289/2019 (GM-RES) before this Court challenging the initiation of proceedings under Section 482 of Cr.P.C and this Court, by order dated 19.02.2019, has stayed the further proceedings and as such, there is no apprehension of petitioners-accused No. 1 to 4 being arrested, in view of the stay.
3. It is submitted by the learned counsel for the petitioners that though stay has been opted, in the event of the said petition being dismissed, the petitioners-accused Nos. 1 to 4 may be arrested, which is the matter, that has to be decided only after disposal of the said writ petition.
4. With the above observations, liberty is granted to the petitioners-accused Nos.1 to 4 to file a fresh petition after disposal of the writ petition filed by the petitioners-accused Nos. 1 to 4. Accordingly, the criminal petition is disposed of.
In view of disposal of the main petition, I.A.No.1/2019 does not survive for consideration and the same is disposed of.
Sd/- JUDGE RB