K. DHANUSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by appellant/Accused No.2 praying to set aside the order dtd. 15/4/2023 passed in Crl. Misc.No.3006/2023 passed by LXX Addl. City Civil and Sessions Judge, Bengaluru City, (CCH-71), rejecting the bail petition sought in respect of Cr.No.138/2022 Cubbon Park Police Station for the offence punishable under Ss. 302, 201, 343, 364, 307, 504, and 506 read with Sec. 149 of IPC and Ss. 3(2)(v) and 3(1)(e) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (referred to as 'SC and ST (POA) Act' for short).

(2.) Heard the learned counsel for the appellant and learned HCGP for respondent No.1 - State. On service of notice, respondent No.2 remained absent and unrepresented.

(3.) Gist of the prosecution case is that, on 22/12/2022 the ACP of Cubbon Park Sub-Division received anonymous complaint with pen-drive which was registered under application No. Q1PS/PET/GNL-249/2002, who in turn forwarded the said complaint to PI of Cubbon Park Police Station to ascertain the truth of the complaint. Accordingly, the PSI of Cubbon Park Police Station collected information and lodged complaint stating that deceased Sharath Kumar was a resident of Konanakunte village and had borrowed loan from various persons and did not repay the same. Accordingly, the persons who had given the loan to the deceased Sharath Kumar entrusted the work of recovery of loan to accused No.3, who in turn entrusted the recovery to accused Nos.1, 2, 5 and 8. Accused Nos.1, 2, 5 and 8 kidnapped the deceased Sharath Kumar in the car belonging to accused No.10 with the assistance of accused Nos.4 and 6 and he was wrongfully confined in the farm house belonging to accused No.8 for 6 to 7 days and during the said period he was brutally assaulted and caused to death. Thereafter, the accused persons shifted the dead body of the deceased in the car belonging to accused No.9 with the help of accused Nos. 4 and 7 and threw the same in Charmadi Ghat with an intention to cause disappearance of evidence.