GANESH @ GANESH REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is accused No.1 has filed the present petition seeking to be enlarged on bail in connection with the detention relating to proceedings in Crime No.121/2018 of Devanahalli Police for the offences punishable under Section 302, 201 and 397 of Indian Penal Code R/w Section 3(2) (V-a) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act' for brevity).

(2.) At the outset, it is noticed that a notice was issued to the dependant of the victim in light of the provision of Section 3(2)(V-a) of the Act and the office note indicates that the notice is served on the dependant of the victim.

(3.) The case that is made out by the prosecution is that, a complaint came to be lodged by one Sri Mallappa, President of Vatadahosalli Grama Panchayath, Gowribidnur Taluk to the effect that he noticed an unknown and unidentified dead body was lying in the drain in Amani Tank at Vatadahosalli, while he was attending duty at Grama Panchayath office on 05.09.2018. On the basis of said complaint, request was made to the police authority to take action. Accordingly, police have registered the case in Crime No.210/2018 for the offences punishable under Section 302, 201 of IPC. The case that is made out by the charge sheet is that, the accused No.1 had strangulated the deceased with duppatta and aux wire, while it is stated that accused No.2 had assisted accused No.1 in inflicting injuries and strangulating the deceased. It is to be noted that accused No.2 came to be enlarged on bail as per the Order dated 12.07.2019 in Crl.P.No.2581/2019, while the bail petition of accused No.1 came to be rejected. Subsequently, the present criminal petition No.7415/2019 has been filed seeking enlargement of accused No.1 on bail.