SHIVANAND TALAWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is 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.23/2020 of Garag Police Station, registered for the offences punishable under Sections 323 and 302 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that on 18.02.2020, at about 14-15 hours, one Nagaraj, Son of Ulavappa Appannavar, a resident of Hosa Tegur Village, Dharwad Taluk, lodged a complaint with the Garag Police Station alleging that about two years ago, they had given hand loan of Rs.35,000/- to the petitioner- accused, who in turn repaid the same in a sum of Rs.31,000/-, and still there was balance of Rs.4,000/-. It is further alleged that on 17.02.2020 at 7.30 p.m., when the complainant went to the house of the petitioner-accused and demanded balance of Rs.4,000/- the petitioner-accused replied that he has balance of Rs.3,000/- only to be paid. On hearing the same, the complainant called his father over phone. When his father came to that place, he informed the petitioner- accused that he has to pay balance of Rs.4,000/-. It is further alleged that, at that time, the petitioner-accused assaulted the complainant's father with a stick on his head as a result of which he fell down and become unconscious. The complainant's father was shifted to KIMS Hospital, Hubballi, for treatment. A crime was registered for the offences under Sections 326 and 307 of IPC. The petitioner was arrested on 19.02.2020. The injured Ulavappa succumbed to the injuries at 12.15 p.m. on 20.02.2020. The police have filed charge sheet for the offences under Sections 323 and 302 of IPC. The bail application filed by the petitioner-accused in Crl. Misc. No.219/2020, before the Principal Sessions Judge, Dharwad, came to be rejected by order dated 23.06.2020. Therefore, the petitioner is before this Court seeking bail.

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