SUNIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.3 seeking to set-aside the order dtd. 28/11/2022 passed by the I Addl.District and Sessions Judge at Chikkamagaluru in Crl.Misc.No.1056/2022 where under, appellant / accused No.3 and accused No.4 sought anticipatory bail in respect of Crime No.146/2022 of Sakkarayapatna Police Station registered for the offence punishable under Ss. 342 , 302 , 201 read with Sec. 34 of IPC and Sec. 3(2)(v), 3(2)(vii) of the SC/ST (Prevention of Atrocities) Act, 1989 which came to be rejected.

(2.) Heard arguments of learned counsel for the appellant and learned HCGP appearing for respondent No. 1 - State. Inspite of service of notice, respondent No. 2 to 4 remained absent and unrepresented.

(3.) The case of the prosecution is that: On 20/10/2022 at 12.30 p.m. accused Nos.1 and 2 who are the forest officials were on beat duty during the night hours in the forest. When they were at Kamenahalli forest area, near Hulekallappa temple, they heard noise of cutting tree and on search, they saw some persons were cutting sandal wood tree. They tried to caught hold the said persons, but some persons escaped and they managed to caught hold two persons by name Ravi and Raju. They brought them to Hospete Guest House for enquiry alleging that they are sandal tree smuggler. In the morning said Ravi died due to chest pain and thereafter his body was shifted to Kote Camp. On enquiry, the complainant came to know that the accused Nos.1 and 2 had illegally detained the said Ravi at Forest quarters of Hosapete and assaulted him with bamboo club on his hands, fingers, leg and hips and as a result said Ravi died. The complaint came to be registered in Crime No.146/2022 of Sakkarayapatna Police Station for the offence punishable under Ss. 342 , 302 , 201 read with Sec. 34 of IPC and under Sec. 3(2)(v), 3(2)(vii) of SC/ ST (Prevention of Corruption) Act , 1989. The appellant is arrayed as accused No.3. Apprehending his arrest, he filed Crl.Misc.1056/2022 along with accused No.4 seeking anticipatory bail and the same came to be rejected by the I Addl.District and Sessions Judge, Chikkamagaluru by order dtd. 28/11/2022.