MAHESH M.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri J.S.Halashetti, learned counsel for the petitioners-accused Nos.1 to 5 and Sri Mahesh Shetty, learned HCGP for the respondent-State on office objections regarding maintainability of the criminal petition before this Court.

(2.) Office has raised objections stating that as per Section 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('Act' for short) 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.) It is the submission of the learned counsel for the petitioners that the provisions of Section 14A of the Act though state that an appeal shall lie against such order, it is applicable only for regular bail and not in respect of anticipatory bail. It is his further submission that Section 14A of the Act has to be read in conjunction with Sections 18 and 18A of the Act. It is his further submission that applicability of Section 438 of Cr.P.C. has been considered by the Hon'ble Apex court in the case of Prathvi Raj Chauhan Vs. Union of India and Others, reported in AIR 2020 SC 1036, (paragraphs-10 and 32) and in that light, the criminal petition under Section 438 of Cr.P.C. can be entertained by this Court. On these grounds, he prayed that the office objections may be overruled and the petition be held as maintainable.