APPU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Sec. 439 of Cr.P.C. for granting bail in Crime No.31/2020 registered by Andersonpet Police Station and charge sheet filed for the offences punishable under Ss. 504 and 302 of IPC.

(2.) The case of the prosecution is that a case came to be registered on the complaint of one Lakshmi, the sister of deceased filed on 12/5/2020. It is alleged that she received a call from one Saroja and she immediately came to the house where her brother Srirama sustained injuries. He informed that the accused asked him to come and consume alcohol with him and when he refused, the accused is said to have assaulted him with club. Immediately, the complainant shifted the deceased to the government hospital and later shifted to a private hospital. Again on 13/5/2020, he was brought back to K.G.F. hospital where he became unconscious. Hence, the complaint came to be filed for the offences punishable under Sec. 504 and 307 of IPC. Subsequently, on the same day, when the injured died, the case was converted into one under Sec. 302 of IPC. Therefore, the petitioner was arrested on 15/5/2020 and remanded to judicial custody. Hence, the present petition.

(3.) Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence and he has been falsely implicated. Even otherwise, there is no intention or motive to commit the murder. The petitioner is in custody for more than 11 months. The trial is yet to commence before the Trial Court. Hence, prayed for grant of bail.