AMIT MALLIKARJUN VANNUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by Accused No.16 under Section 12 of the Karnataka Control of Organized Crimes Act, 2000 (for short, 'KCOC ACT ') for setting aside the order dated 01.03.2021 passed by the Principal Sessions Judge, Belagavi in Special Case No.202/2020, rejecting the bail petition filed by the appellant under Section 439 of Cr.P.C.

(2.) The factual matrix leading to the case is that, the deceased Siddappa Arjun Kanamaddi (for short, 'Siddappa ') was the State President of Youth Wing of Dalit Sangharsha Samiti and earlier a case has been registered against the accused persons in connection with murder of one Rohit Patil. Keeping it in mind, on 06.05.2020 at about 8.00 p.m., the accused persons being well-aware of the fact that the deceased Siddappa was belonging to Scheduled Caste, formed themselves into an unlawful assembly, came in number of vehicles to Adi Jambav Nagar Cross at Gokak Town, abused the deceased Siddappa referring with his caste and with an intention to cause his death, assaulted him with swords and machetes causing grievous injuries to him. When the complainant and three other witnesses tried to interfere, the accused have also given life threat to them and later on Siddappa admitted in the hospital, wherein his statement was recorded and he has disclosed the identity of the assailants. Later on, Siddappa succumbed to injuries on 07.05.2020 and the complainant filed a complaint. Later on, FIR came to be registered. Subsequently, during the course of investigation, it is revealed to the Investigating Officer that the accused are also involved in collecting Hafta from business persons in Gokak Town by extortion and they were members of the organized syndicate. After investigation, the Investigating Officer submitted the charge sheet against the accused for the offences punishable under Sections 143, 147, 302, 504, 506 and 120(B) read with 149 of Indian Penal Code, 1860 (for short, 'IPC ') and Section3(2)(V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ( for short, 'SC and ST Act ') and Section 25(1A) of Indian Arms Act, 1989 and Sections 3 and 4 of the KCOC Act 2000, after obtaining necessary sanction. The present appellant is arraigned as Accused No.16.

(3.) Heard the arguments advanced by the learned counsel for the appellant and the learned Special Public Prosecutor (for short, 'SPP '). Perused the records.