MOHAMMADBEG Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.6 under Sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'the SC/ ST Act ', for short) setting aside the order of dismissal of bail petition passed by the Addl. District and Sessions Judge, Gadag dtd. 30/5/2022 in B.T.P.S.Cr.No.34/2022 and for grant of bail in BTPS Crime No.34/2022 for the offence punishable under Ss. 109 , 120(B) , 143 , 147 , 148 , 307 , 201 , 504 read with Sec. 149 of Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for short) and Ss. 3(1)(r)(s)(2)(va) of SC/ ST Act .

(2.) Heard the arguments of the learned counsel for appellant and learned High Court Government Pleader for respondent No.1. Though respondent No.2 served, remained unrepresented.

(3.) The case of the prosecution is that one Mallesh Kanaki filed a complaint on 16/4/22 alleging that there was Municipal Corporation Election in December, 2021 for Ward No.4 of Gadag- Betageri. The complainant's friend Shivaraj Poojar's brother's wife was contested the election. At that time, some youngsters took the phone number one Smt. Yallawwa Kunigeri and they started chatting, sending messages to the said Yallwwa after the election. Therefore, the said Mallesh said to be made the complaint to one Gajendrasingh Solapur. Therefore, the said Gajendrasingh Solapur called those youngsters, scolded them and assaulted with hands on 15/4/2022 at 10.00 a.m. At that time, Shivaraj Poojar came there and questioned the said Gajendrasingh Solapur as to why he assaulted them and the said Shivaraj Poojar said to be assaulted Gajendrasingh Solapur. On this background, brother of Gajendrasingh Solapur viz., Ravi Solapur came and assaulted Shivaraj Pooja on his neck with knife. Immediately, the said Shivaraj Poojar went inside the house and brought a knife and assaulted Gajendrasingh Solapur and he died. After the arrest of Shivaraj Poojar, the police recorded his statement and a counter case was also registered against this complainant and Shiaraj Poojar for offence punishable under Sec. 302 of IPC and by obtaining statement of Mallesh, police registered a case for the offence punishable under Sec. 307 of IPC against the accused persons. After registering the case, the police during the investigation, arrested this appellant on 19/4/2022 and he was remanded to judicial custody. The bail petition filed by the appellant came to be rejected by the Sessions Court. Hence, the appellant is before this Court.