JANGLEPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused No.1 has filed this appeal under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act') praying to set aside the order dtd. 12/7/2023 in Criminal Miscellaneous No.469 of 2023 passed by the Special Court for cases under the SC and ST (POA) Act and I Additional District and Sessions Judge, Raichur, and further to direct the respondent-Shakti Nagar Police to enlarge the appellant on bail in the event of his arrest in Crime No.24 of 2023 registered for the offences punishable under Ss. 143, 147, 323 and 307 read with Sec. 149 of the Indian Penal Code, 1860 (for short, 'IPC ') and Ss. 3(1)(r), 3(1)(s) and 3(2) (v-a) of the Act.

(2.) Heard the arguments of the learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1-State. Notice issued to respondent No.2 is duly served upon him and he is present before the Court.

(3.) The brief facts of the prosecution case are that, on 11/4/2023 at about 1:00 P.M., the accused persons were fishing in Krishna river of Devasuguru Village, at that time, the son of the complainant, by name, Shivaraj, aged about thirteen years, came to the spot, objected the accused persons for fishing. For that, the accused persons abused Shivaraj by taking his caste name, assaulted him with their hands and pushed him into Krishna river and when he was drowning, he was lifted. Therefore, the complainant lodged a complaint before the respondent- Police. Apprehending the arrest at the hands of the respondent-Police, accused Nos.1 to 5 filed an application for bail before the I Additional District and Sessions Judge, Raichur, in Criminal Miscellaneous No.469 of 2023, which was rejected on 12/7/2023. Aggrieved by the said order, the appellant has filed the present petition.