CHANDAN K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.1 praying to set aside the order dtd. 19/6/2023, passed in Crl.Misc.No.1049/2023 by the II Additional District and Sessions Judge, Bangalore Rural District, Bangalore, wherein the bail petition of the appellant/accused No.1 sought in respect of Crime No.156/2023 of Madanayakanahally police station registered for the offences punishable under Sec. 302 r/w Sec. 34 of IPC and Sec. 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST (POA) Act') came to be rejected.

(2.) Heard learned Senior counsel, along with the counsel on record for appellant/accused No.1 and learned High Court Government Pleader for respondent No.1. Respondent No.2 is present and prays for dismissal of the appeal and not to grant bail to appellant/accused No.1.

(3.) The case of the prosecution is that on 15/3/2023, at about 9.00 p.m., when deceased Chandrashekar was chatting with his friends by name, Shashank, Arunkumar, and Lokesh, near the layout in Byragondanahally, accused No.1 came there. There was an altercation between the deceased and accused persons with respect to financial transactions, in which accused No.1 threatened to teach him a lesson. At about 10.00 p.m., when the deceased Chandrashekar was riding his motorcycle and Arunkumar and Lokesh were pillion riders, they were proceeding in one motorcycle and another eyewitness, Shashank, in another motorcycle in order to go to their house. Then, in front of the house of one Hanumantharayappa on Sondekoppa road, the accused came in a Scorpio car bearing No. KA-41-M-8525, driven by accused No.1 and dashed to the motorcycle driven by the deceased. The deceased and pillion riders fell on the ground, accused No.1 ran the vehicle over the deceased. The friends of the injured took injured Chandrashekar to the hospital. On receiving the information, the father of the deceased went to the hospital and enquired with the deceased, who told him that the accused No.1 with others ran over the vehicle on him. On the very night the deceased succumbed to injuries at 12.10 a.m. In the morning, at 5.30 a.m., the father of the deceased lodged the complaint. On the basis of said complaint, a case came to be registered against this appellant, accused No.2- Gowtham and another in Crime No.156/2023 of Madanayakanahally PS for the offences punishable under Sec. 302 r/w Sec. 34 of IPC and Sec. 3(2)(v) of SC/ST (POA) Act. Appellant/accused No.1 came to be arrested on 18/3/2023 and he is in judicial custody. After investigation, a charge sheet was filed against the appellant and others for the offences punishable under Ss. 302, 307, 120(b) r/w Sec. 34 of IPC and Sec. 3(2)(v) of SC/ST (POA) Act. The appellant/accused No.1 filed Crl.Misc.No.1049/2023 seeking bail, and the same came to be rejected by the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, by order dtd. 19/6/2023, which is challenged in this appeal.