STEVEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Veeranna G Tigadi, learned counsel for the appellant, learned High Court Government Pleader for respondent No.1-State and Sri B.S.Prasada, learned counsel for respondent No.2.

(2.) This appeal is filed under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('SC/ ST Act ' for short), questioning the correctness of the order dtd. 14/2/2022 passed by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru in Crl.Misc.No.126/2022, rejecting the appellant's application filed under Sec. 439 of Cr.P.C., in connection with Spl.C.No.5/2022. The appellant is accused No.5 and he is facing trial for the offences punishable under Ss. 143 , 147 , 148 , 302 , 341 and 120B of IPC and Ss. 3(1)(r)(s) and 3 (2) (v-a) of SC/ ST Act read with Sec. 149 of IPC.

(3.) In the incident that took place on 25/9/2021, one Venkatesha was killed. The motive for the incident appears to be land dispute between accused No.1 and the deceased. It is alleged that accused No.1 contacted accused 2 to 8 for elimination of the deceased and they hatched a conspiracy and they accomplished their goal on 25/9/2021. So far as the appellant is concerned, what is alleged is that he was driving the auto rickshaw in which accused 1, 3 and 4 were sitting and he dashed the auto rickshaw to the scooter which the deceased was riding. When the deceased fell down, accused 1, 2, 3 and 4 hacked the deceased to death by causing severe injuries. The post mortem report discloses presence of 14 external injuries.