NAGESH D Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ['SC/ST (POA) Act' for short], challenging the order dtd. 26/5/2022 by the II Additional District and Sessions Judge, Kolar, rejecting the appellant's application filed under Sec. 439 of Cr.P.C., in Spl.S.C.No.2/2022.

(2.) Heard Sri M.R.Nanjunda Gowda, learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1- State. When notice was ordered to respondent No.2-Rathnamma, it was returned with an endorsement that she was dead. Thereafter the wife of the deceased, namely, Smt. Roopa was made a party. Learned HCGP files a memo along with police report stating that the notice on Smt. Roopa has been served. But she has not appeared.

(3.) The prosecution case is like this: On 27/1/2014, Smt. Rathnamma, the mother of deceased made a missing complaint to Vemgal police stating that her son Krishnamurthy, who left the house at 5pm on 8/12/2013 did not return even after late night. Then on 28/12/2021, Smt. Roopa, the third respondent made one more report to the police stating that the villagers informed her that when somebody was quarrelling with accused No.1 Rajesh, the latter threatened the former stating that he would kill him in the way he killed Krishnamurhty. Entertaining suspicion about involvement of accused No.1, she reported to the police that since her husband was having illicit relationship with the wife of accused No.1, he might have killed her husband. On the basis of this information, the police registered FIR in Crime No.28/2014 for the offences punishable under Ss. 363 , 302 , 201 , 120B read with Sec. 34 of IPC, held investigation and filed charge sheet against 7 accused. The appellant is accused No.2.