KIRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the order passed by the Court of the I Addl. District & Sessions Judge, Hassan, in Crl.Misc.No.543/2021 dated 03.06.2021 rejecting the petition filed by the appellants / accused under Section 438 Cr.P.C.

(2.) The appellants are arraigned as accused in Cr.No.56/2021 registered by Sakaleshpura P.S. for offences punishable under Sections 504, 506, 507 read with Section 34 of the IPC, besides Section 3(1)(r), Section 3(1)(s) and 3(1)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

(3.) The appellants / accused are under apprehension of arrest by the Investigating Agency. Hence, this appeal has been preferred by the appellants / accused under Section 14-A(2) of the SC & ST (POA) (Amendment) Act, 2015 as there is an appeal provision but concurrent jurisdiction relating to Section 438 of the Cr.P.C. is vested to the High Court and so also the District & Sessions Judge to exercise power under Section 438 of the Cr.P.C. where the present appellants arraigned as accused are in apprehension of arrest.