NAGU @ NAGESH TANAJI MODEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IA No.1/2021 is filed for condoning the delay. Considering the grounds, IA No.1 is allowed.

(2.) This appeal is filed under Section 12(1) of the Karnataka Control of Organized Crimes Act,2000 ( for 'KCOC Act ') for setting aside the order dated 01.03.2021 passed by the Principal Sessions Judge, Belagavi in Criminal Miscellaneous No.108/2021 and sought for enlarging the appellant/Accused No.20 on bail in Special Case No.202/2020 arising out Crime No. 72/2020 of Gokak Town Police Station, for the offences punishable under Sections 143, 144, 147, 148, 150, 341, 302, 120B, 212, 201, 109, 115, 504 and 506 r/w. 34, 35, 37 and 149 of Indian Penal Code, 1860 ( for short, 'IPC ') and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(V-a), 8(1)(A) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Amendment Act 01/2016) (for short, 'SC and ST Act ') and Section 25(1)(A), 25(1)(B) ,VI(6) and (7) of Arms Act, 1959 (Amended Act, 2019) and Section 3(1)(i), 3(2), 3(3), 3(4), 3(5) and 4 of Karnataka Control of Organized Crimes Act, 2020 ( for short, KCOC Act).

(3.) The brief facts leading to the case are that, one Mr. Deepak Ingalgi, the resident of Gokak Town, has filed a complaint against some of the accused. The deceased Siddappa Arjuna Kanamaddi (for short, 'Siddappa ') was the State President of Youth Wing of Dalit Sangharsh Samiti and the accused are from Maratha Community. The case was registered against the accused in respect of murder of one Rohit Patil and having grudge, on 06.05.2020 at about 8.00 p.m., the accused persons having knowledge that the deceased Siddappa belongs to Scheduled Caste, formed themselves into an unlawful assembly and came in many number of vehicles to Adi Jambav Nagar Cross at Gokak Town, abused Siddappa with reference to his caste and assaulted him with swords and machetes causing bleeding grievous injuries. When the complainant and others tried to intervene, they were given life threat and later on, Siddappa was admitted to the hospital and there his statement was recorded through video, which disclosed the identity of assailants. The said Siddappa succumbed to injuries on 07.05.2020 at about 4.00 a.m. During the course of investigation, Investigating Officer got information that the present appellant, who is accused, being a Member of Tiger Gang in Gokak Town was collecting Hafta and creating apprehension in the mind of the Business Community. It is also alleged that, he was having telephonic conversions with Accused No.2 regularly and the mobile CDRs were collected, and charge sheet was filed showing him as Accused No.20.