PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused Nos.1 to 3 under Sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act of 2015) (hereinafter referred to as 'the SC/ST Amendment Act', for short) for grant of bail in SC/ST No.21/2021 pending on the file of the Additional District and Sessions and Special Court, Gadag, arising out of Crime No.59/2021 registered by Gadag Town Police Station for the offences punishable under Ss. 302, 120(B), read with Sec. 34 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short) and under Sec. 3(2), (Va) of SC/ST Amendment Act.

(2.) Heard the learned counsel for the appellants, learned High Court Government Pleader for respondent No.1-State and the learned counsel appearing for respondent No.2.

(3.) The case of the prosecution is that on the complaint of one Parashuram who is the brother of the deceased filed before the Police on 19/7/2021, alleging that his brother deceased- Govindappa @ Muttu said to be doing fruit business near Bank Road, Gadag. It is alleged that the deceased said to have borrowed loan of Rs.20,000.00 from accused No.1, but he was unable to repay the same, due to which there was some petty quarrel between them. However the accused No.1 nourished enmity with the deceased. On 18/7/2022 at about 10.00 p.m., the complainant came to know through his niece Purnima that at 10.00 p.m., accused No.1 came near their house on his motor cycle-Dio vehicle and took the deceased-Govindappa @ Muttu with him. When CW.16-Ashok came and informed that his brother was lying in pool of blood near S.S.K., Education Institute. Immediately, himself and others were went there and saw his brother was dead. Therefore, he has filed the complaint to the Police against accused No.1, suspecting the accused No.1 that he has committed the murder of his brother deceased-Govindappa. After registering the case, during the investigation the Police arrested the accused No.1 and thereafter accused Nos.2 and 3. The accused Nos.1 to 3 gave voluntary statements confessing that they have committed murder of the deceased after making to drunken alcohol. The accused Nos.1 to 3 said to be hatched conspiracy in Ajanta Hotel, Gadag and thereafter committed murder. Subsequently they have been produced before the Court and their bail petition came to be rejected. Hence, they are before this Court.