SANTHOSH 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, 1989 ( 'SC-ST Act ' for short), seeking to enlarge the appellant on bail, who is arraigned as accused No.8 in Crime No.7/2018, registered in Keshvapura PS for the offences punishable under Ss. 143, 147, 148, 120(B), 109, 302, 201 read with Sec. 149 of Indian Penal Code and under Ss. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Ss. 25(1)(A) of the Indian Arms Act.

(2.) Brief case of the prosecution is that a case came to be registered in Crime No.7/2018, on the basis of complaint lodged by one Sankeert Pillai of Hubballi on 26/1/2018. It is alleged in the complaint that on 25/1/2018 at about 8:50 p.m, the complainant who is informant received a phone call from one Smt.Presilla Laydu, alleging that his father was assaulted and attacked by some people near Vasant Nagar and asked the complainant to come to the spot. It is further informed that he came to know some four people came in a white Indica Car and attacked the father of complainant with Talwar and knives. Then the complainant rushed to the spot. There the police and ambulance was present and he found his father had sustained injuries. He also found that his father 's vehicle was damaged and dashed from behind. It is further alleged that two years prior i.e., on 6/4/2016 the complainant brother by name Vinayak Pillai was allegedly murdered by one Gurappa Chalawadi and his sons namely Santosh and Satish, who are accused Nos.8 and 9 along with his henchmen by causing road accident by giving supari. The father of the complainant, who is deceased was successful instrumental in accused Nos.8 and 9 and others, not getting the bail in the year 2016. So, the accused persons had developed enmity against the deceased. They hatched a plan to kill the deceased by taking help of accused Nos.1 to 4, who are co-prisoners in Ballari central jail. This appellant was arrested on 10/4/2016, and he was taken on body warrant on 13/3/2018, since then he is in judicial custody. The police after completion of investigation have filed charge sheet against the accused for the above said offences.

(3.) Heard Shri Ravi B.Naik, learned senior counsel for the appellant and Smt Girija Hiremath, learned High Court Government Pleader for respondent -State.