HARSHITH P. S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant - accused praying to set aside the order dtd. 21/8/2024 passed in Crl.Misc. No. 276/2024 by the I Additional District and Sessions Judge, Kodagu at Madikeri, whereunder the bail petition sought in respect of crime No. 33/2024 of Kushalnagar Police Station for offence punishable under Sec. 302 read with Sec. 3(2)(v) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter for the sake of brevity referred to as the SC ST (POA) Act') came to be rejected.

(2.) Heard learned counsel for appellant - accused, learned counsel for respondent No. 2 and learned HCGP for respondent ' State.

(3.) Case of the prosecution as per column No. 17 of the charge sheet is that the deceased ' Santosh Kumar was working in Kannika International Bar and Restaurant and on 21/4/2021, at about 03.15 pm, the appellant - accused came on his bike ' KA-12-S-8367 to Kannika International Bar and Restaurant, parked his vehicle in front of the Bar, went inside the bar and consumed alcohol till 11.00 pm. At the time of closing of the Bar the appellant - accused asked the deceased to give one more beer bottle and at that time deceased ' Santosh Kumar told that it was closing time and did not give beer to the appellant - accused. C.W.17 and C.W.18 came to the Bar at 09.45 pm and the appellant - accused thought that they might have come to the bar on the phone call by deceased. The appellant - accused went out of the Bar at 11.00 pm and went to Kannika International Kalyana Mantapa on his bike, parked his bike there, attended the marriage, had dinner, thereafter forgetting that he had parked his vehicle in front of the Kalyana Mantapa, came to Bar and searched for his bike. When he did not found the bike, at about 11.30 pm, when the deceased ' Santosh Kumar was talking in front of the Bar over phone, the appellant - accused asked him about his bike and the deceased did not spoke to him as he was talking over phone and thereafter, when the deceased was going in a passage to washroom the appellant - accused started quarrelling with him and assaulted him with fist on his face and took beer mug and assaulted him with it on his forehead, head and thereafter he broke the said mug by hitting it to a pillar and with that broken mug he assaulted the deceased on his neck. Thereafter, the deceased was taken to the Hospital by C.W.8, 14 and 24 and the Doctor intimated them that he had died. Charge sheet has been filed against appellant - accused for offence punishable under Sec. 302 and 3(2)(v) of SC ST (POA) Act. The appellant - accused is in judicial custody and he had filed bail petition and the same came to be rejected by the impugned order.