SWAMY @ GURUSWAMY S/O. MALLIKARJUNA Vs. STATE OF KARNATAKA BY H.A.L. POLICE REP. BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) IT is on 19.12.2010 in the night, there was a quarrel between the neighbors of the family of Dinesh and Prasanna, in which Dinesh had sustained injuries. The complainant's brother i.e., the deceased -Shiva took the injured Dinesh to the hospital for the purpose of treatment. It is in these context that the family members of Prasanna [accused. No 3] were annoyed due to the support given by Shiva, the brother of the complainant to Dinesh. On. 22.12.2010 at 6.30 a.m. the brother of the complainant i.e., the deceased -Shiva, had taken the children to the school and returned in the evening and stopped his vehicle in front of the house of the complainant. On the same day in the morning at about 7.30 a.m., when the complainant was washing his face, some persons came and informed that near Idga playground, a person has been assaulted and his body has fallen and the vehicle Omni van bearing reg. No. KA -03 A 9389 was parked by the side of the road and the glasses were broken. On hearing the same, the complainant came to the spot and found that the deceased -Shiva had sustained injuries on his neck and other parts of the body and he was in the pool of blood. He succumbed to the injuries on the spot. His brother filed a complaint against unknown persons. During the course of investigation, it is revealed that accused Nos. 1 to 3 in conspiracy with accused Nos 4 to 8 had caused the death of deceased -Shiva.

(2.) IT is the contention of the Petitioner that he is innocent and has not committed any crime much less the one alleged. He is ready and willing to abide by any condition/s that may be imposed for his release on bail.

(3.) I have heard the learned Counsel for the Petitioner and also the learned High Court Government Pleader.