DHARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Government Pleader for respondent No.1/state. The second respondent is served through investigating officer and she has not entered appearance.

(2.) This is an appeal under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act challenging the order dtd. 21/11/2022 passed by the Additional City Civil and Sessions Judge and Special Judge (CCH71), Bengaluru, on an application filed under Sec. 439 Cr.P.C in Spl. Case. 646/2021. The appellant is accused No.16 in the charge sheet. The case pertains to homicidal death of one Srinivas, the brother of the second respondent.

(3.) At the outset it may be stated that the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act cannot be invoked because in the charge sheet there is nothing to indicate that the entire incident took place in the background of caste enmity. What is forthcoming is enmity between the deceased and one Bharath was the reason for the incident to take place.