This appeal is filed by the appellant/accused no.1

under section 14A(2) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act (‘the Act’

for short), challenging the order dated 21.12.2021, passed

by the I Addl. District and Sessions Judge, Ballari, in

Spl.C.No.980/2021, rejecting his bail petition and seeking

to enlarge him on anticipatory bail in the event of his

arrest in the said case which is arising out of Crime

No.87/2021 of Gudekote Police Station, Ballari, registered

for the offences punishable under sections 302, 201, 120B,

109, 114, read with section 34 of the Indian Penal Code,

1860, and under section 3(2)(v) of the Scheduled Castes

3

and

Scheduled

Tribes

(Prevention

of

Atrocities)

Amendment Act, 2015.

2.

On the basis of the complaint lodged by one

Omakshi, who is the daughter of sister of deceased, lodged

a complaint on 1.8.2021 stating that the deceased

Shanmukappa and accused no.2 Lakshmi are the husband

and wife, they have got four children. It is alleged that

Shanmukappa was as a cleaner. At that time accused no.1

Peersab, the driver of lorry used to take him for lunch and

when he was not in the house, accused no.1 used to visit

his house and used to visit Lakshmi. It is alleged that the

said Lakshmi has got illicit relationship with Peersab. The

said

Peersab

was

talking

with

Lakshmi.

The

said

Shanmukappa warned and asked her stating that why she

is talking with Peersab and what is her relationship.

Lakshmi used to inform the same to Peersab. It is further

contended that on 22.7.2021 at 5.30 p.m. Shanmukappa

received a call to his mobile wherein some person was

speaking in Muslims speaking Language and she found that

the said Shanmukappa left house and at that time Peersab

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and another person were standing at some distance to

their house and they took Shanmukappa along with them.

Then on 23.7.2021 evening she heard Lakshmi talking with

someone over phone informing to throw the dead body in

the tank. When this complainant went near hear her, she

disconnected the phone. As the said Shanmukappa did not

return for 3-4 days, on 26.7.2021 one Honnurswamy came

there and shown a photo of dead body. The son of

Shanmukappa identified the photo as that of his father.

But the said Lakshmi threatened the son also. Then on

1.8.2021 they were called to the police station to identify

the clothes of the dead body. Accordingly herself,

Bhimakka and grandmother Marekka went to the police

station and found the clothes of the deceased belongs to

Shanmukappa.

They

also

saw

photos.

Therefore,

complainant lodged a complaint stating that accused Nos.1

and 2 by colluding with each other and having illicit

relationship,

decided

to

eliminate

the

deceased.

Accordingly, the complaint came to be registered against

the said Peersab and Laxmi and another friend. Thereafter,

accused were arrested on 01.08.2021 itself. The accused

5

gave

voluntary

statement,

led

the

panchas

and

investigating

officer

and

produced

the

incriminating

material. The statements of the witnesses were recorded

and charge sheet came to be filed against accused Nos.1

to 3 for the above said offences. The bail petition of

accused Nos.1 and 3 came to be rejected by the learned I

Addl. District and Sessions Judge, Ballari. Hence, this

appeal is filed.

3.

Heard Shri. Amaregouda M., learned counsel

for the appellant and Smt. Girija Hiremath, learned HCGP

for respondent-State.

4.

Learned counsel for the appellant argued that

appellant is innocent and he has not committed any

offence.

It

is

further

contended

that

though

the

Shanmukhappa left the house on 22.7.2021, but the no

complaint was lodged. If at all, the complainant has heard

the Laxmi-accused No.2 talking with someone and asking

him to dispose of the body in a tank and even if she has

seen the photo, there was an ample opportunity for the

first informant to lodge the complaint, but no complaint

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was lodged by her till 01.08.2021. This is also not

explained. There are no eye witnesses to the inci