ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant, who is the sole accused has filed this appeal under Sec. 14-A(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC & ST Act ') read with Sec. 439 Cr.P.C. to release him on bail in Crl.Misc.No.296/2023 (Crime No.94/2022 of Aigali PS) for the offences punishable under Ss. 302, 506 IPC and Ss. 3(1)(r), 3(1)(s), 3(2)(v) of SC and ST Act .

(2.) The appellant has contended that the complaint, FIR and charge sheet are contrary to law and facts. The appellant is innocent of the offences alleged. The Trial Court has failed to consider the facts of the case and as such, the order rejecting the bail to the appellant is liable to be set aside.

(3.) Learned HCGP has filed objections stating that complainant Smt.Narasawwa and her husband deceased Pandurang Belagali belongs to ST community. On 6/8/2022, deceased left the house on his two wheeler. At 9.30 p.m., when complainant called him, he replied that he would come soon. Later one Sabu Sadashiv Janwad called the complainant and enquired about her husband. Again when complainant called her husband, it was received by CW14-Rani and she disclosed that someone has killed him. Immediately complainant went to the spot and lodged the complaint.