NAGRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are filed by Accused Nos.1 to 3 challenging the order dated 21.01.2021 passed by the II Additional District and Sessions Judge at Davangere rejecting the bail petition filed by the accused Nos.1 to 3 under Section 439 of Cr.P.C. in S.C.No.119/2020. Subsequent to rejection of the bail petitions filed by the accused persons, these appeals are filed as contemplated under Section 14-A(2) of the SC/ST (Prevention of Atrocities) amended Act of 2015. Appellants/Accused Nos.1 to 3 are in judicial custody since from the date of their arrest. Therefore, counsel for the appellants in these matters seeking to allow the appeals filed by the accused by setting aside the order passed by the Court below and grant bail by exercising the power under Section 439 of Cr.P.C. as wherein the concurrent jurisdiction is vested with the High Court and so also, with the District and Sessions Judge.

(2.) Crl.A.No.325/2021 is filed by Appellant namely Prakash.B. who is arraigned as Accused No.1 and Crl.A.No.394/2021 is filed by Appellants namely Nagraj and Sher Ali who are arraigned as Accused Nos.2 and 3 respectively in S.C.No.119/2020 arising out of Crime No.113/2020 of Mayakonda Police Station for the offences punishable under Sections 341, 342, 306, 201 r/w 34 of Indian Penal Code, 1860 beside Sections 3(2)(v) and 3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act').

(3.) It is relevant to state by referring the FIR which has been recorded by the Mayakonda Police in Crime No.113/2020 on 06.10.2020. Initially the offences lugged against the accused were under Sections 341, 342, 302, 201 r/w 34 of IPC and Sections 3(2)(v) and 3(2)(v-a) of the SC/ST Act. Subsequent to recording the FIR, the IO investigated the case thoroughly and laid the charge sheet against the accused for the offences under Sections 341, 342, 306, 201 r/w 34 of IPC and Sections 3(2)(v) and 3(2)(v-a) of the SC/ST Act against Accused Nos.1 and 3.