PARIMALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. to enlarge her on bail in Crime No.161/2019 of Billikere Police Station, Mysuru, for the offence Punishable under Section 302 of IPC.

(2.) I have heard the learned counsel Sri. Tejas.N by virtual hearing and Sri. Rohith B.J., learned High Court Government Pleader for the respondent-State.

(3.) The facts leading to the case are that the accused No.1 got married with accused No.2 and out of the said wedlock they have given birth to the Kushi- Daughter, and a son by name Kushal. It is further alleged that accused No.1 started suspecting that the deceased-Kushal has not born to him and they use to quarrel and accused No.1 used to ill-treat accused No.2. It is further alleged that the deceased-Kushal was not healthy and used to cry unnecessarily even during the night hours. On 30.06.2019 at 11.00 p.m., as usual the deceased-Kushal started to cry, for which petitioner/accused No.2 and her husband/accused No.1 assaulted him with coconut tree stick and on the next day morning the deceased was suffering from high fever and immediately he was admitted to Cheluvamba Hospital, Mysore for treatment on 01.07.2019. The accused persons contacted complainant on telephone and informed that their son has been admitted to the Hospital for treatment immediately the complainant and his relatives went to the Hospital to see the injured by that time deceased was taking treatment in ICU. In the intervening night of 03.07.2019 and 04.07.2019, the deceased died while taking treatment in the Hospital, on the basis of the complaint a case has been registered.