PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) After hearing for sometime Sri. Ravi B. Naik learned Senior Counsel, it is noticed that the charge sheet is filed against the petitioner and other accused persons not only under the provisions of the Indian Penal Code but also under the provisions of Sec. 3(2)(v) of the SC and ST (POA) Act and also under the provision of the Karnataka Control of Organized Crimes Act, 2000.

(2.) Since the provisions of prevention of atrocities Act involved in this case, the petition under Sec. 439 of Cr.P.C. seeking a grant of bail would not be maintainable and an appeal under Sec. 14 of the said act needs to be filed before this Court claiming de-facto complainant as party respondent.

(3.) Shri. V. S. Hegde, Special Public Prosecutor II for respondent is present and questions the maintainability of the present petition.