ORDER :

The petitioner, who is arraigned as accused No.21 in the additional charge-sheet filed in connection with a case registered in Crime No.72/2020 of Gokak Town Police Station has preferred this petition under Section 439 of Cr.P.C., praying to enlarge him on bail.

2. The petitioner had preferred a petition under Section 439 of Cr.P.C., before the learned Principal Sessions Judge [KCOCA Spl. Judge], Belagavi, in Special Case No.202/2020 and the said petition was rejected vide Order dated 12.07.2021.

3. I have heard the learned senior counsel appearing for petitioner, the learned High Court Government Pleader for respondent/State and the learned counsel for respondent No.2.

The learned High Court Government Pleader has filed statement of objections.

4. Brief facts of the case are that, deceased Siddappa Arjun Kanamaddi was the State President of Youth Wing of Dalit Sangarsha Samiti. The accused persons are from Marata community. Earlier, a case was registered against the accused persons in connection with murder of one Rohit Patil. In view of previous enmity, on 06.05.2020 at about 8.00 p.m., accused Nos.1 and 2, who came on a motorcycle and other accused in a rickshaw, confronted the deceased in connection with the previous incident. They formed an unlawful assembly, abused the deceased by referring to his caste and assaulted him with swords, machetes and also gave life threat to the complainant Deepak and 3 others viz., Kiran, Raju and Prashant, who tried to rescue him. The victim was shifted to hospital and while undergoing treatment, he succumbed to the injuries on 07.05.2020 at about 4.00 p.m.

5. On a complaint lodged by respondent No.2-Deepak Ingalagi, case was registered naming accused Nos.1 to 3 and 4 to 5 others for offence punishable under Sections 143, 147, 148, 307, 504, 506 r/w. 149 of IPC and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as ‘SC and ST (POA) Act’ for short] in Crime No.72/2020 of Gokak Town Police Station. On completion of investigation, charge-sheet was filed for offences punishable under Sections 143, 144, 147, 148, 150, 341, 302, 120-B, 212, 201, 109, 115, 166, 217, 504, 506 r/w 34, 35, 37 and 149 of IPC, Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(v,a), and 8(1)A of the SC and ST [POA] Act, Section 25(1)A of the Arms Act, 1959, Sections 25(1)B, VI(6), (7) of the Arms [Amendment] Act, 2019 and Sections 3(1)(i), 3(2), 3(3), 3(4), 3(5), 4 and 25 of the Karnataka Control of Organised Crimes Act, 2000 [hereinafter referred to as ‘KCOC Act’ for short].

6. The petitioner has been arraigned as accused No.21 in the additional charge-sheet filed by the Police invoking Sections 109, 115, 166 and 217 of IPC and Sections 3(2) and 25 of the KCOC Act.

7. It is alleged that the petitioner was working as a Jail Warder at Hindalga Central Prison, Belagavi and knowing very well that the accused have committed a heinous offence and they are members of an organized crime syndicate and members of a ‘Tiger Gang’, provided a black colour Samsung android mobile phone with SIM No.7259940446 to accused Nos.1 and 2, who were lodged in the prison, to help them to destroy evidence and to collect amount from their associates for the purpose of their bail.

8. It is contended by the learned senior counsel appearing for the petitioner that, even according to the prosecution, petitioner is not a member of the unlawful assembly who committed the murder and he is not a member of any organized crime syndicate and therefore, invocation of KCOC Act against the petitioner is without any basis. He has contended that the only allegation against the petitioner is that after commission of the offence, when accused Nos.1 and 2 were lodged in the Hindalga Central Prison, Belagavi, the petitioner tried to help them by providing a Samsung android mobile phone. He contends that the said mobile phone is alleged to have collected by the petitioner from his nephew viz, Vinayak