DILEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri. M.Krishne Gowda, learned counsel for the appellant and the learned Government Pleader for respondent no.1. Notice to respondent no.2 is served, but he has not appeared.

(2.) This is an appeal filed under Sec. 14 (A) 2 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('Act' for short) challenging the order dtd. 21/2/2023 in Crl.Misc.72/2023 on the file of I Addl. District and Sessions Judge, Chickballapura.

(3.) The appellant is one of the accused among 11 accused facing trial for the offence under Sec. 143 , 147, 148, 149, 447, 324, 302, 307, 114, 109, 120B of IPC along with Sec. 3(1)(r) , 3(1)(s) , 3(1)(w) , 3(2)(va) , 3(2)(v) of the Act. The appellant had earlier approached this court by filing Crl.A.1127/22 challenging the order of the Special Court rejecting his application for bail. At that time, the appellant claimed bail putting forward the ground that charge sheet materials would not disclose existence of prima facie case against him. But finding that there were materials as regards his involvement in commission of crime, appeal was dismissed upholding the order of the Special Court. However liberty was granted to the appellant to move the court after examination of CW1 to CW5. Accordingly it appears that appellant moved the Special Court for bail again and since it was dismissed by the impugned order this appeal has been preferred.