PAVAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant-accused No.9 under Section 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC and ST PoA Act') for setting aside the order passed by the Special Judge, Ballari in Spl.Case.No.1067/2021 on 30.06.2021 rejecting his bail application.

(2.) Heard learned counsel for the appellant and learned High Court Government Pleader for respondent No.1-State. Respondent No.2 served and unrepresented.

(3.) The case of the prosecution is that one Gopal Naik filed a complaint on 25.07.2020 alleging that his brother Ravi Naik was doing finance business. The complainant's brother C.D.Ravi was murdered by accused No.1/Ajay Kishore and other accused persons and the case against them is pending in Spl. Case No.96/2014. It is further alleged that about 3 to 4 months prior to the incident, accused No.1 told before his friends to compromise the said case otherwise they will do away with his life but the deceased Ramesh Naik refused to compromise. Therefore, all the accused persons conspired and committed the murder of the deceased on 25.07.2020 at 4.30 p.m. Thereafter, they fled away from the spot. The case was registered against the accused persons in Crime No.108/2020 under the provisions of IPC as well as under SC and ST (PoA) Act. The appellant was arrested on 01.08.2020. It is alleged that accused Nos.1 to 5 committed the murder and stayed in the house of the present appellant and after sometime they went away. The bail application of this appellant has been dismissed as withdrawn in Crl.P.No.101545/2020 on 12.01.2021.