JAGADISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.100089/2021 is fi led by the accused No.14 and Criminal Appeal No.100093/2021 is filed by the accused No.11. Both the appeals have been filed challenging the order passed by the Principal Sessions Judge, (KCOCA Special Judge), Belagavi in Special Case No.202/2020, dated 01.03.2021, whereunder the bail applications filed by the appellants/accused Nos.14 and 11 have been rejected. Notice to respondent No.2 has been served and learned counsel Sri. Avinash M. Angadi has appeared for respondent No.2.

(2.) The case of the prosecution is that, based on a complaint lodged by respondent No.2 -complainant on 06.05.2020, Gokak Town Pol ice registered a case in Crime No.72/2020. Initially the case was registered against accused Nos.1 to 3 and some unknown persons for the offences punishable under Sections 143, 147, 148, 307, 504, 506 read with Section 149 of The Indian Penal Code, 1860 (for brevity hereinafter referred to as 'IPC') and Sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity hereinafter referred to as SC/ST (POA) Act. Respondent No.2 -complainant states in his complaint that, he is the resident of Jambava Nagar, Gokak and the deceased Siddappa Kanamaddi was State Youth President of Dal it Sangharha Samiti. It is further stated that, accused Gangadhar Shinde and his associates had rivalry with deceased in connection with murder of one Mr. Rohit Patil between Scheduled Caste Community and Maratha Community and on account of the same, there are some cases registered. It is further stated that, on 06.05.2020 at 8.00 p.m., respondent No.2 - complainant along with his friend Siddappa Kanamaddi (deceased), Kiran Shankar Kadatti, Raju Huchhannavar, Prashant Patrut were sitting at Katta of Hanuman Temple, Jambav Nagar and Siddappa Kanamaddi was speaking over phone. During that time, Gangadhar Shinde, Vinayak Hadaginal, Vitthal Pawar along with some other persons came on two-wheeler and auto-rickshaw holding talwar and assaulted Siddappa Kanamaddi and abused him over caste name as "Holya Sulemagana, ninna bidangilla". When the complainant along with other friends tried to save Siddappa Kanamaddi, accused threatened them with dire consequences, in case they interfered. The said persons assaulted Siddappa Kanamaddi and he sustained grievous injuries on his head, nose, left hand and on chest. They immediately shifted him to the Umrani Hospital and later, he was shifted to KLE Hospital, Belagavi. Siddappa has stated the names of some of the accused at the time of his death and the same was also video recorded. Siddappa Kanamaddi died due to severe injuries caused by the accused. After the death of Siddappa Kanamaddi, police have incorporated Section 302 of IPC. During the course of investigation, Inspector General of Police, Northern Range, Belagavi has accorded permission on 17.07.2020 to the Investigating Officer as per the mandate of Section 24(1)(a) of the Karnataka Control of Organized Crime Act, 2000 (for brevity, hereinafter referred to as "KCOC Act") to invoke the provisions of Sections 3 and 4 of KCOC Act upon the application made by the Investigating Officer. After completing the investigation, the charge-sheet has been filed for the offences punishable under Sections 143, 144, 147, 148, 150, 341, 120(B), 302, 109, 115, 212, 201, 504, 506 read with Section 34, 35, 37, 149 of IPC and Section 3 and 4 of KCOC Act and Section 3(1)(s), Section 3(2)(v), Section 3(2)(v,a), 8(1)A of SC/ST (POA) Act and Section 25(1)A, 251(b) of Arms Act, against accused Nos.1 to 17 and 21. Accused Nos.18, 19 and 20 are absconding, as such, the Special Court has issued proclamation.

(3.) The accusations against the accused Nos.11 to 20 is that, they are the members of Tiger Gang and are aiding accused, assisting and harboring the other accused persons in committing organized heinous offences who have committed the murder of the Siddappa Kanamadi. Some of the accused have made confession before the Superintendent of Pol ice, Gadag and the same was recorded by him under Section 19 of KCOC Act, wherein they have admitted for having murdered Siddappa Kanamadi who belongs to Scheduled Caste. The accused have admitted/revealed in their confession statement about the Tiger Gang being established for the sake of creating fear in the minds of people and they were committing offences for ransom and were collecting hafta from various businessmen in Gokak Town. The accusations against the accused No.11 is that, he was facilitating the above accused financially and assisting them in committing offences by aiding to their requirements and a sum of Rs.30,58,460/- has been seized from his house and he has harbored the accused No.2 after murder of Siddappa Kanamaddi.