VIJAYKUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is filed under Section 14A(2) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (P.A) Act') to set aside the order passed by the learned Sessions Judge dated 07.04.2021 in Criminal Misc. No.498/2021 and to enlarge the appellant on bail in Crime No.38/2020 of Shahabad Police Station, charge sheeted for offence punishable under Sections 302, 109, 120(B) R/w Section 34 of IPC and Section 3(2)(V) of SC/ST (P.A) Act.

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

(3.) The case of prosecution is that on 12.12.2019, accused No.1 had assaulted the first informant by name Girish and in respect of the said incident, deceased in the present case by name Satish Kambanoor had lodged a complaint against accused No.1 and others. In the said case, accused No.1 was arrested and he was sent to judicial custody. Hence, he was nurturing ill-will against the deceased. In this background, he conspired with other accused persons to do away with the life of deceased and in furtherance of the said conspiracy, on 27.02.2020, all the accused traveled in Tata Indica Vista car, Bajaj Pulsar motorcycle as well as a Hyundai Verna car in search of the deceased. However, they could not find him on that day. Again on 29.02.2020 at about 7.15 a.m. when the deceased was proceeding on a motorcycle bearing Reg. No.KA-32/EC-1215, accused Nos.1 to 3 came in a Tata Indica car bearing Reg.No.KA-32/M-8840 and rammed the said car against the motorcycle of the deceased and knocked him down and assaulted him with deadly weapons all over his body and committed his murder. Thereafter, on seeing CWs.12 and 13 approaching, they sped away.