VINOD RAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a successive application filed in the form of an appeal to set aside the order passed by the Special Court in Special Case No.33/2020 dtd. 15/9/2022, wherein an application under Sec. 439 of Cr.P.C. filed at the hands of the appellant, who is accused No.2 praying to enlarge him on regular bail in Cr.No.214/2020 was earlier rejected. The crime was registered against the appellant and other accused for the offences punishable under Ss. 302, 120B, 114 read with Sec. 34 of IPC and Sec. 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) Similar criminal petition was filed at the hands of the appellant in Criminal Appeal No.1696/2021 before this Court. This Court by order dtd. 14/3/2022 noticed that earlier the appellant approached this Court in Crl. Petition No.3361/2020 by filing a Criminal Petition under Sec. 439 of Cr.P.C., praying for enlargement on bail. This Court noticed the fact that although the complainant changed his version and maintained the allegations as against accused No.1 and 2, the charge of assaulting the deceased was retracted as against accused No.3 and 4. This Court had granted liberty to the appellant to approach the court after examination of C.W.1/complainant.

(3.) Learned Counsel for the appellant submits that C.W.1/complainant has been examined and cross-examined between 23/5/2022 to 29/7/2022. Learned Counsel has drawn the attention of this Court to a portion of the cross-examination of C.W.1, wherein, he has stated that his back was towards the occurrence of the incident since he was sitting on the motorcycle and as soon as, he was heard commotion he ran away from the place of incident. He has stated that he came to the spot after twenty minutes and he found that the deceased person was lying on the road. Learned Counsel submits that the witness has clearly stated that he has not able to identify the four persons, who are said to be the accused persons and who were present before this Court. Learned Counsel would further submit that in terms of the directions issued by this Court earlier, now that the examination of C.W.1/complainant has been completed and the evidence of all other witnesses except the official witnesses have been completed, this is a fit case for grant of bail.