MUNIKRISHNA @ KRISHNA S/O LATE MYLARAPPA Vs. STATE OF KARNATAKA BY KENGERI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) HEARD both sides in respect of the bail petition filed by the Petitioner under Section 439 of Code of Criminal Procedure following a case being registered by the Kengeri Police Station, against the Petitioner in Crime No. 125/2010 for offences punishable under Section 302 read with Section 201 of IPC and Section 3(2)(v) of the SC/ST(Prevention of Atrocities) Act, 1989.

(2.) THE case of the prosecution in short is that on 6.4.2010, in the night, when the cook Raja @ Jutta, supplier Venkatesh Reddy and other employees of the hotel Manjunatha Lunch Home had gathered before going to sleep, Upendra @ Rangaiah (deceased) asked Rs. 300/ - to have drinks and in turn Manjunatha asked the Petitioner who happens to be the hotel owner to give the said amount and the Petitioner in turn told Manjunatha that amount would be given on the following day and let the work go on. But the deceased insisted upon the amount being paid and this made the Petitioner angry and he gave a blow on the cheek of the deceased with his hand. Deceased fell down en the cement floor and later was found dead.

(3.) ON the other hand, Shri P. Karunakar, learned HCGP for the State argued that the cause of death has been opined as due to head injury and there are eyewitnesses to the incident and therefore, grant of bail is not warranted having regard to the nature of offence alleged against the petitioner.