FARUQ Vs. STATE OF KARANTAKA

JUDGEMENT

(1.) This is a petition filed by the accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.61/2019 of Dharwad Sub- Urban Police Station registered for an offence punishable under Section 302 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that on 15.04.2019 Smt. Lata, wife of Bhimappa Nadagouda, mother of the deceased-victim, had filed a complaint before the respondent police. She has alleged in the complaint that her son Vikram was attending coaching classes and he was residing with one Sadashiv in C.B. Nagar, Dharwad. On 14.04.2019 at about 12.00 am in the mid night, the room mate of her son i.e., Sadashiv telephoned her and informed that one Faruq has allegedly stabbed her son with knife at 10.45 pm. immediately, she informed this to her brother. On 14.05.2019 she came to Dharwad and her brother told her that he was taken to Suchirayu Hospital, Hubli. She went to the said hospital and noticed that her son was in ICU and on enquiry with Sadashiv-room mate of her son, she came to know that Faruq assaulted her son with knife on his stomach. Based on her complaint, a case was registered against the petitioner initially for the offence punishable under Section 307 of IPC and the injured Vikram succumbed to the injures, therefore, an offence under Section 302 was registered instead of 307. The petitioner/accused was arrested on 16.04.2019 and since then he is in judicial custody. The respondent-police have completed the investigation and filed charge sheet for the offence punishable under Section 302 of IPC against the petitioner/accused.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.