YOGISH Vs. THE STATE OF KARNATAKA THROUGH ALUR POLICE REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE 560001

JUDGEMENT

(1.) THIS petition is filed seeking bail in Crime No. 429/2010 of Alur police station registered on 10.1.2010 for the offence punishable U/s. 302 of IPC.

(2.) IT is the case of the prosecution that, on 09.11.2010 at about 9.30. p.m. deceased Kantharaju was requested by Accused No. 1 and 2 to take them in his auto for hire and on the way they put petrol since the same was not there in the auto rickshaw Thereafter, they entered into altercation with the deceased in respect of ban taken by the deceased from the accused. When the accused did not allow the deceased to go abead, the deceased put off light of the auto, It is the further case that, thereafter, the deceased Kantharajau was felled to the ground by accused. Thereafter, first accused i.e., petitioner put size stone on the head of the deceased. Thereafter, 2nd accused put another si(sic)a stone on the head of the deceased and caused fatal injuries as a result of which, the deceased died at the spot.

(3.) THE learned counsel for the petitioner submits that, one Praveen is the person who informed the complainant regarding finding of the dead body of the deceased and also auto rickshaw stationed near scene of occurrence. The prosecution has not examined the said Praveen. Thereafter he submits that, even though the incident is admitted, same has happened in the quarrel and therefore, the offence U/s. 302 of IPC is not made out which entities the petitioner to secure bail Hence, be submits that, petition may be allowed.