LAWS(KAR)-2022-10-234

GURUNAGOUDA Vs. STATE OF KARNATAKA

Decided On October 28, 2022
Gurunagouda Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Criminal Appeal No.100476/2022 is filed by accused No.29 and Criminal Appeal No.100485/2022 is filed by accused No.31. In both the appeals the appellants have challenged the order dtd. 22/9/2022 passed by the Principal District and Sessions Judge, Koppal, rejecting their bail applications sought in Crime No.84/2022 of Kanakagiri Police Station registered for the offences punishable Ss. 143 , 147 , 148 , 323 , 324 , 307 , 302 , 504 , 506 read with Sec. 149 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity) and under Ss. 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'SC & ST (POA) Act', for brevity).

(2.) Heard learned counsel for the appellants and learned High Court Government Pleader for respondent No.1-State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

(3.) The case of the prosecution is that, on 11/8/2022 one Khadarabasha S/o. Mamamadsaba Maligaddi resident of Huliyder, Taluk Kanakagiri, District Koppal has filed the complaint stating that on 11/8/2022 at about 9.00 a.m., accused persons assaulted the complainant's brother Pashavali near Hussainabasah Nadukal Darga with rod, stick and stones and when the complainant and his friend Sanna Hanumantha came to rescue his brother, accused persons murdered his brother by assaulting with rod, stick and stones and also abused Sanna Hanumantha touching his caste and named 28 persons who have committed the said act.