J K KRISHNA MURTHY Vs. T NATARAJA

JUDGEMENT

(1.) THE petition is filed under Section 439 of the Criminal Procedure Code, 1973 requesting for grant of bail having been arrested for the offence punishable under Section 302 of the Indian Penal Code, 1860.

(2.) THE facts relevant for the purpose of this petition are as under: Kantharaj alias Kalaiah is aged about 26 years, who is the brother of deceased-Nanjunda submitted a complaint to Srirampura Police Station on 4-6-2009 at about 10.45 p.m. THE facts of the complaint reveal that about 9.15 p.m. i.e., on the date of the incident a friend of the complainant by name Srikanth called him on phone and informed that his brother has been assaulted by some persons near Anjaneya Temple, N.P. Block Library and asked him to come to the spot immediately. THE complainant went there and found his brother having been dead due to the injuries sustained. On enquiry he came to know that at about 9.00 p.m., the petitioner quarreled with the deceased and at once removed the knife and caused the assault on the chest and other parts of the body and that the deceased died at the spot. He also infirmed that this incident was witnessed by C.Ws.2, 3, 4 & 6. In the circumstances, he approached the police and stated that there was some political rivalry between the deceased and the petitioner. On the basis of the complaint, the police have registered a case for the above said offence and during investigation the petitioner is arrested.

(3.) I have heard the learned Counsel for the petitioner and also the learned Government Pleader.