DAVID Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals filed under sec. 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act are disposed of by a common judgment as they arise from Crime No. 0427/2021 registered by Madanayakanahally Police Station. The appellant in Criminal Appeal 1251/2022 is accused No.1 and the appellant in Criminal Appeal 855/2022 is accused No.2.

(2.) The incident alleged is that on 5/9/2021, Kiran Kumar, the son of the first informant namely Jayanna was killed by accused 2 and 3. The motive behind the incident was that the deceased Kiran Kumar had illicit relationship with accused No.4. Then accused No.4 developed contact with accused No.1. The deceased coming to know about the relationship between accused No.1 and 4 objected to it. Therefore accused No.1 and 4 conspired for eliminating Kiran Kumar which resulted in the incident to take place on 5/9/2021 at about 7.45 AM. The police have now filed charge sheet for the offences under Sec. 143 , 147, 148, 341, 302, 109, 120B, 201, 150 of IPC and sec. 3(2)(v) of SC/ST (POA) Act read with sec. 149 IPC. The Special Court by orders dtd. 2/2/2022 and 27/10/2021 rejected the bail applications of the first and second accused respectively. Hence, these two appeals.

(3.) I have heard Sri Harish N.R, learned counsel for the appellant in Crl.A.1251/2022, Sri K.Lakshmi Kanth, learned counsel for the appellant in Crl.A.855/2022, Sri A.Nageshwarappa, learned HCGP and, Smt. C.Saraswathi for respondent No.2 in both the appeals.