NAGESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No. 2 has filed this petition under Sec. 439 of the code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for brevity) seeking bail in Crime No. 148/2021 of Kakati Police Station for the offences under Ss. 324, 307 and 302 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

(2.) It is the case of the prosecution that, one Gundu Laxman Kanabarkar has filed the complaint stating that Ramachandra-deceased aged about 32 years, is his brother and he was doing centering work and since one year he is suffering from fits (moorche kayile) and he was under treatment. It is further stated that on 13/10/2021 the deceased Ramchandra left the house on his motorcycle at 9.00 pm and he did not return even after 10.00 pm and therefore, the complainant made a phone call to his mobile but it was switched off. Thereafter, on the next day, the complainant received information at about 6.00 am that his brother-Ramachandra had fallen near Kallehol cross of Uchagaon village limits and therefore, he, immediately, along with his wife, went to the spot and saw his younger brother, who was not in talking condition, had fallen on the road and blood was oozing from his head. He was immediately taken in 108 Ambulance to the Civil Hospital, Belagavi, and thereafter shifted to Lake View Hospital for further treatment. On 14/10/2021 at 1.00 pm, he filed a complaint and a case came to be registered against unknown persons for offences under Ss. 324 and 307 of IPC. The injuredRamachandra died on 15/10/2021 and an offence under Sec. 302 of IPC is included. The petitioner/accused came to be arrested on 23/10/2021 and he filed Criminal Miscellaneous No. 1214/2021 seeking bail and the same came to be rejected by the learned VII Additional District and Sessions Judge, Belagavi, by order dtd. 17/11/2021.

(3.) The petitioner earlier had filed Crl. P. No. 102311/2021 seeking bail and the same came to be rejected by order dtd. 16/12/2021 as it was during the crime stage. Thereafter, after filing of the charge sheet, the petitioner and another filed Crl. Misc. No. 217/2022 seeking bail and the same came to be rejected by the Sessions Court vide order dtd. 5/3/2022. Therefore, petitioner is before this Court seeking bail.