NISHWANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant-accused No.1 under Sec. 14 (A) (2) of SC & ST (Prevention of Atrocities) Act (herein after referred as the Act) for setting aside the order passed in Spl.C.No.501/2022 passed by the I Additional District and Sessions Judge, Hassan dtd. 17/1/2023 for having rejected the application filed by the appellant for the offences punishable under Sec. 341, 302 read with Sec. 34 of IPC and Sec. 3 (2) (v) of SC/ST (POA) Act registered by the Sakleshpura Town Police Station.

(2.) Heard the arguments of learned counsel for the appellant, learned HCGP and learned counsel for respondent No.2.

(3.) The case of the prosecution is that on the complaint of respondent No.2 who filed complaint dtd. 15/6/2022, at Sakaleshpura Town Police Station, registered in Crime No.97/2022 for the offence punishable under Sec. 302 of IPC against unknown persons, he was alleged by the respondent No.2 in his complaint that on 14/6/2022 at about at 11.30 p.m. his deceased father Swamy went towards the house of one Sunil Joseph who said to have died on that day. That on 15/6/2022 morning some of the villagers informed the dead body of his father deceased was found in the drainage. Immediately the respondent No.2 and his mother and others went to the place toward the Sunwall Estate drainage and found his father had died due to head injury. Thereafter, immediately complaint came to be filed by the police against unknown persons. During the investigation the police arrested accused Nos.2 and 3 on 17/6/2022 and on voluntary statement of accused No.2 and this appellant was arrested on 20/6/2022 and he was remanded to the judicial custody. His bail petition came to be rejected by the Special court on 17/1/2023. Hence the appellant is before this court.