LAWS(KAR)-2020-11-127

SHIVAKUMAR Vs. STATE BY COMMERCIAL STREET POLICE STATION

Decided On November 17, 2020
SHIVAKUMAR Appellant
V/S
State By Commercial Street Police Station Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.

(2.) Petitioner, who is the sole accused in Crime No.46/2018 registered by the Commercial Street Police Station, Pulakeshinagar Sub-Division, Bengaluru City, for the offence punishable under Section 302 of IPC, has filed this petition under Section 439 of Cr.P.C.

(3.) On the basis of the complaint lodged by one Sunil dated 15.03.2018, the Commercial Street Police have registered an FIR in Crime No.46/2018 against the petitioner. As per the complaint averments, on 15.03.2018 at about 8.00 a.m., complainants brother Anil Kumar had gone out of the house on work. At about 11.00 a.m., the complainant was informed by one Vijay, who is the friend of Anil Kumar, that at about 10.15 a.m., when he and Anil Kumar were standing near a Idli Hotel at Mudaliar Street, Shivajinagar, a stranger came near them and he demanded money from Anil Kumar for consuming alcohol. Anil Kumar allegedly refused to give money and being enraged by the same, the said stranger is said to have pushed Anil Kumar, who fell down on the road. Said stranger is said to have lifted a stone, which was lying nearby and dropped the same on Anil Kumar, who was lying down. Anil Kumar allegedly suffered grievous injuries and he was shifted to Bowring Hospital wherein he was declared brought dead. Immediately on receipt of such information, complainant visited Bowring Hospital and saw his brother's dead body. On enquiry, he learnt that the name of the stranger, who had caused the death of his brother, was Shivakumar. With these information, a complaint was lodged by Sunil, who is the brother of deceased Anil Kumar, with the Commercial Street Police on the basis of which, an FIR in Crime No.46/2018 was registered.