LIKITH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by appellant - accused No. 4 praying to set aside the order dtd. 16/1/2023 passed in Crl.Misc. No. 12781/2022 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, whereunder the anticipatory bail petition filed by this appellant - accused No. 4 in Spl.C. No. 2780/2022 registered for the offence punishable under Ss. 307 , 323, 324, 504, 506 read with Sec. 34 of IPC and Sec. 3(2)(v) of the SC ST (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as 'the Act') came to be rejected.

(2.) Heard arguments of learned counsel for appellant - accused No. 4 and learned HCGP appearing for respondent No.1 - State. Respondent No. 2 on service of notice remained absent and unrepresented.

(3.) Gist of the prosecution case is that on 23/7/2022 the appellant - accused No. 4 along with other accused, with a common intention, have picked up quarrel with complainant in connection with parking of vehicle and abused the complainant with reference to his caste and also made an attempt to commit murder by assaulting him with a dragger and caused injuries to the victim. Charge sheet came to be filed for offence under Ss. 307 , 323, 324, 504, 506 read with Sec. 34 of IPC and Sec. 3(2)(va) of the Act. The appellant who is arraigned as accused No. 4 apprehending his arrest filed Crl.Misc. No. 12781/2022 under Sec. 438 Cr.P.C. and the same came to be dismissed by the impugned order which has been challenged in this appeal.