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10.The learned SPP-II has filed the statement of objections to both cases as against accused Nos.10 and 16. It is contended in the objection that the accused persons are very well aware that the deceased belongs to member of the SC & ST and they committed murder. Some of the witnesses given statement before the Magistrate under Section 164(5) of Cr.P.C. The KCOCA Act, has been invoked, the confession statement of accused Nos.1 to 3 were admissible in evidence and the confession statement of accused persons prima facie shows the role of present petitioners in the commission of Crime. As per Section 22(4)(b) of KCOCA Act, the petitioner has to show the reasonable ground that they are not guilty, the bail application of accused No.12, 13 and 15 has been dismissed by the Court. There are eye witnesses to the incident. The police have recovered arms and vehicle used for commission of the offence. The dying declaration was recorded by C.W.20 and 21 and they have given the statement under Section 164 of Cr.P.C. The call details reveals that accused No.10 and 16 in touch with the other accused persons. They are syndicate members of one gang called 'Tiger Gang'. They used to collect hafta in Gokak town from the business man. C.W.169, 198, 199, 200, 202, 216 to 221, 222, and 224 have given statement against accused persons. They also filed a petition for quashing the Criminal proceedings which came to be dismissed. The accused persons involved in Criminal activity conducted by 'Tiger Gang'. Accused No.18 and 20 are still absconding. An additional charge sheet is filed against accused No.19 after his surrender. One of the accused informed this petitioner through jail with the help of the jail warrant who also made an accused. Accused Nos.11 and 14 have misused the bail and threatened the wife of the deceased. A case was registered.

12.The learned SPP-2 has further strenuously contended that the above said accused persons were members of the gang called 'Tiger Gang'. They have committed heinous offences in and around Gokak town, they are all members of the organized group. There is various cases registered against them. The interim bail of the A16 recalled by the Supreme Court and he was surrendered. The accused persons were participated in committing murder and therefore, police invoked KCOCA Act. The police have arrested 17 accused persons and 3 accused persons absconding, A19 was arrested subsequently who is brother of A2. The said accused persons approached the High Court of Karnataka for having invoked KCOCA Act, which came to be dismissed. After the arrest of accused persons crime rate in Gokak Taluk was reduced in 50%. Therefore prayed for rejecting the bail applications.

15.The learned counsel for the respondent-accused No.11 further contended that the provisions of KCOCA is not applicable to accused No.11. This Court cannot go beyond the scope of bail to consider and sit in an appeal. The judgments relied on by the learned SPP-II is not applicable to the facts of this case. The provisions of KCOCA and the applicability of KCOCA shall be considered at the time of granting bail and it cannot be a ground for cancellation of bail. It is further contended that accused No.11 was arrested on 06.05.2020 and was released on bail on 2.7.2021. The Special Leave Petition before the Hon'ble Supreme Court was filed on 20.09.2021 and after lapse of 10 months, the SLP came to be dismissed. The accused was on bail after the arrest of three years, there is no violation of conditions of bail to cancel the bail. Hence, prayed for dismissing the petition. In support of his contentions, the learned counsel relied upon the various judgments of the Hon'ble Supreme Court.

(ii) Whether the petitioner-State has made out sufficient grounds in Criminal Petition No.102842/2024 for the cancellation of bail granted to accused Nos.11 and 14 in Criminal Appeal Nos.100093/2021 and Criminal Appeal No.100089/2021 dated 02.07.2021 ?

(iii) What Order ?

19.On perusal of the records which reveals that the de- facto complainant-C.W.1 namely Deepak Ingalagi, filed first information to the Gokak Police alleging that he himself and the deceased Siddappa Kanamaddi, who was the State Youth President of Sangarsha Samithi, and accused No.1 - Gangadhar Shinde and his associates had rivalry with the deceased in respect of the murder of one Rohith Patil, thereby there was community clash between Scheduled caste and Maratha community and some cases were registered by the police. On this background and on 06.05.2020 at 8.00 p.m. when himself and the deceased Siddappa along with Kiran Shankar Kadatti, Raju Huchchannavar, Prashant patrut were sitting at Katta of Hanuman Temple, Jambav Nagar, the deceased was speaking over phone. At that time, the accused Nos.1 to 3 and other accused persons came on two wheeler and in auto rickshaw by holding deadly weapons and started assaulting the deceased by abusing in filthy language and by taking caste name as "Holeya Sule Magana, Ninnannu bidangilla". When the de-facto complainant and others tried to save the deceased, the accused persons threatened them with dire consequences and the accused persons prevented the public from rescuing the deceased. It is seen from the charge sheet that the public started pelting the stones on the accused persons and at that time, they ran away from the spot. The injured shifted to the hospital wherein the de facto complainant lodged the complaint. Initially, the police registered the case under Section 307 of IPC along with Sections 143, 147, 149 , 158, 150 and 149 of IPC along with SC/ST prevention of Atrocities Act, during the treatment the deceased said to be given some oral dying declaration which was recorded in the mobile phone and later he succumbed to the injuries. Hence, the police invoked Section 302 OF IPC. Thereafter, during the investigation the police also invoked Sections 3 and 4 of KCOCA and finally, the police filed charge sheet for the offences punishable under the IPC, SC ST (Prevention of Atrocities) Act and KCOCA Act and Arms Act. During the investigation, the police also arrested accused persons and they have been remanded to judicial custody. The bail application of accused Nos.11 and 14 has been allowed by the High Court. The same was challenged before the Hon'ble Supreme Court by filing an SLP. Accordingly, the Apex Court directed the State to file an application for cancellation of the bail before this Court. Hence, the State has filed Criminal petition 102842/2024 for cancellation of bail granted to accused NOs.11 and 14.