AMBIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal under sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act against the order dtd. 12/4/2022 in Spl. Case 72/2019 passed by the Principal District and Sessions Judge, Chamarajanagar, on an application made by the appellant under sec. 439 Cr.P.C for bail.

(2.) The appellant is accused No.2 in Spl. Case 72/2019. She along with other accused are facing trial for the offences punishable under Sec. 118, 120B, 307, 326, 302 IPC and sec. 3(2)(v), v(a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act read with sec. 34 of IPC. Accused No.1 is the pontiff of a temple namely Kichugathi Maramma Temple situated at Sulavadi Village, Kollegal Taluk, Chamarajanagar District. Temple is being managed by a trust. It appears that there was rivalry between the first accused and the trustees. The allegation is that accused No.1 had illicit relationship with the appellant who is accused No.2 and taking advantage of this relationship, they hatched conspiracy with other accused to tarnish the image of the trustees and to accomplish their goal, poison was mixed in the Prasadam to be distributed to the devotees of the temple who had gathered on 14/12/2018 in connection with a function. As a result nearly 17 persons died, many fell ill and even the birds and animals which ate the Prasadam also died. So far as appellant No.2 is concerned, the allegation against her is that she bought insecticide for mixing it in the Prasadam and gave it to the cook.

(3.) I have heard Sri Praveen C, learned counsel for the appellant, Sri V.S.Hegde, learned State Public Prosecutor-II and Sri Mahesh Y.L, learned counsel for second respondent.