HANUMANTHA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Hareesh Bhandary T, learned counsel for the appellants and the learned High Court Government Pleader for respondent No.1- State. Respondent No.2 has been served with notice, but he has not entered appearance.

(2.) This is an appeal filed under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ['SC/ST Act' for short], challenging the order dtd. 25/1/2022 passed by the II Additional District and Sessions Judge, and Special Judge, Davanagere, in S.C.No.169/2021 dismissing the appellants' application filed under Sec. 439 of Cr.P.C.

(3.) FIR in Crime No.60/2021 was registered on 11/8/2021 for the offence punishable under Sec. 302 read with Sec. 34 of IPC. Subsequently an offence punishable under Sec. 3(2)(v) of SC/ ST Act was included as the deceased was found to be belonging to scheduled caste.