RAMAJAN Vs. BADSHAH NADAF

JUDGEMENT

(1.) Being aggrieved by the order dated 05.04.2021 passed in Spl.Case.No.73/2020 by II Addl. District and Sessions Judge, Bagalkot, rejecting the bail application sought by appellant in Crime No.156/2012 of Mudhol Police Station, registered for the offences punishable under Sections 323, 324, 354, 307, 504, 506 r/w 34 of IPC and Section 3(1)(x)(xi) and 3(2)(v) o f SC/ST (POA) Act, 1989, the present appeal is filed.

(2.) The case has been registered against appellant-accused No.1 and two others in Mudhol P.S., Crime No.156/2012 for offences punishable for the aforesaid offences and it was pending in Spl.Case No.65/2012 on the file of the Principal District and Sessions/Special Judge, Bagalkot. The appellant was granted bail by order dated 31.08.2012 and he has been released on bail after executing bond and furnishing surety on the same day. As the accused No.1, who is appellant herein did not attend the Court on 21.01.2015, NBW came to be issued against him. In the mean time, the case came to be transferred to II Addl. District Judge on 30.10.2015. The notice to surety of accused No.1 was issued and surety appeared and paid the bond amount and he has been discharged from his obligation. NBW issued against the appellant-accused No.1 unexecuted and therefore case against him is ordered to be split-up on 23.11.2016. The split-up charge sheet has been filed on 21.10.2020 and case is registered against the appellant-accused No.1 in Spl.Case No.73/2020. The appellant-accused No.1 came to be produced by executing NBW on 26.03.2021 in Spl.Case No.73/2020 and he has been remanded to judicial custody. The appellant-accused No.1 has filed bail application and the same came to be rejected by the II Addl. District and Sessions Judge, Bagalkot, by order dated 05.04.2021. The appellant-accused No.1 has challenged the said order in this appeal.

(3.) Though notice issued to complainantrespondent No.2 has been served on him and he remained unrepresented.