(1.) This appeal is filed by the appellant - accused No.9 under Sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Act' for short) for setting aside the order dtd. 2/1/2023, dismissing the bail petition under Sec. 439 of the Code of Criminal Procedure, by the I Additional Sessions and Special Judge, Chikkamagaluru, in Crime No.253/2022.
(2.) Heard the learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1.
(3.) The case of the prosecution is that on 20/11/2022 at about 10.45 p.m., the accused Nos.1 to 3 are said to have picked up quarrel with the deceased Omkar by taking him from the house. Subsequently, accused Nos.4 to 9 came to the spot in motor cycle and assaulted the deceased. The accused No.4 assaulted with brick and accused No.5 assaulted with beer bottle on the head, due to which the said Omkar sustained injury and he was shifted to hospital. The appellant - accused No.9 was arrested on 23/11/2022 and he was remanded to judicial custody. His bail petition came to be rejected.