JAVAREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. to release him on bail in S.C. No.1093/2019 (Crime No. No.67/2019) of Annapoorneshwari Nagar Police Station pending on the file of XLV Additional City Civil and Sessions Judge, Bengaluru City for the offence punishable under Section 302 of IPC.

(2.) I have heard Sri. Mahesh S, learned counsel for the petitioner virtually and Sri. M. Divakar Maddur, learned High Court Government Pleader for respondent- State.

(3.) The genesis of the case of the prosecution in brief are that the petitioner/accused and the deceased were staying together. Petitioner/accused served in Army for about twenty years and thereafter, he joined the duty as a conductor and served in BMTC for nineteen years. It is further alleged that the petitioner/accused was addicted to alcohol as he was served in the Military. He has been operated because of some blood clot in his head and he was not attending to his duties regularly and he used to be there in the house and always used to consume the alcohol. It is further alleged that there were frequent quarrel between the petitioner/accused and his wife/deceased and the petitioner/accused used to insist his wife to give money for the purpose of consuming the alcohol. In that light, on 18.02.2019 at about 10.30 p.m., the deceased called the complainant and stated that his father/accused has fallen having consumed excessive alcohol and has been injured and sustained injuries to his head. It is further alleged that on 13.03.2019 at about 6.30 p.m., the complainant received a phone call alleging that the petitioner/accused quarreled for money with the deceased. In the said scuffle, with an intention to take away the life of the deceased, the petitioner/accused assaulted by taking the laughing Buddha. As a result of the same, she suffered with the injuries. Immediately, the complainant and his cousin went to their house and saw his mother with head injuries immediately, they made an enquiry with the accused and he confessed. On the basis of the complaint, a case has been registered.