SHESHARAO PAWAR Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), seeking to enlarge the petitioner, who is arraigned as accused No.1, on bail in Crime No.5/2022 of Bhalki Town Police Station Dist: Bidar, registered for the offences punishable under Ss. 506, 302 and 324 read with Sec. 34 of Indian Penal Code (' IPC ' for short) and Sec. 3 of the Child Labour (Prohibition and Regulation) Amendment Act, 2016, on the file of Prl. District and Sessions Judge, Bidar in S.C.No.58/2022.

(2.) It is the case of the prosecution that FIR came to be registered on the basis of complaint lodged by father of the deceased - Rahul stating that he has got four children. When they went for coolie work, they had left their two children Rahul who was aged about 12 years and Ajay who was aged about 10 years, in the house of the petitioner who happened to be the relative of the complainant. It is further alleged that on 15/1/2022, when informant was at Buichnalli, he received a phone call from the petitioner stating that his son - Rahul is not well. Accordingly, complainant came to Government Hospital, at Bhalki and found that there was a head injury and other injuries on the body of his son - Rahul and he was unconscious. When injured was taken for treatment to Aland, Hospital on the way, the said Rahul succumbed to the injuries. The petitioner ran-away from the spot. Then, the complainant lodged a complaint. It is also informed that this petitioner and his family members assaulted the deceased and his brother and threaten to take away the life of the deceased - Rahul. Thereafter, this petitioner is arrested 17/1/2022. His bail petition was rejected by the Sessions Court. Hence, the petitioner has filed this petition.

(3.) Heard Sri.Anilkumar Navadagi, learned counsel for the petitioner and Sri.Gururaj V. Hasilkar, the learned High Court Government Pleader for the respondent.