MARANNA ALIAS MARAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner, who is sole accused in CC No. 231/2013 on the file of JMFC, Molakalmur, registered for the offence punishable u/S. 304[II] of IPC, is before this court praying for grant of anticipatory bail. Respondent - -Police on the complaint of one Rajanna, son of Kadurappa, a resident of Dasarlahalli Village, Challakere Taluk, Chitradurga District, registered the case against the petitioner initially for the offence punishable u/S. 304A of IPC and took up investigation.

(2.) IT is alleged among other things in the complaint that grandson of the complainant aged about four years was not healthy since the time of his birth and as he was very weak, he was unable to move and was also not speaking. The complainant had got his grandson treated in the hospital, but he had not recovered from the ailment with which he was suffering. Such being the position, on 11.11.2012 at about 9 a.m., the present petitioner came near house of the complainant and assured that he would treat the ailment of his grandson and upon his giving him treatment by administering local medicines, his grandson would completely recover and it would cost Rs. 8,000/ -. In response to the same, the complainant agreed to pay him Rs. 1,000/ - and thereafter this petitioner administered some local medicines to the grandson of the complainant at about 9 a.m. Thereafter, by about 11 am, the grandson of the complainant became too weak, he vomited and also had loose motions. Immediately, he was brought to the house of the petitioner. The petitioner consoled them. Since the grandson did not show any progress, then he was removed to Challakere Government Hospital in the afternoon at about 3.20 p.m. The Medical Officer, on examination of the child by name Ullas declared him having been brought dead.

(3.) LEARNED counsel appearing for the petitioner contends, initially, when the case was registered for the offence punishable u/S. 304A of IPC by the Police, petitioner had been arrested and released on bail. He has not violated any of the conditions and he was making himself available to the Police. Now, the Police have filed final report before the jurisdictional Committal Magistrate alleging that he has committed offence punishable u/S. 304[II] of IPC. He submits that death of the child has no nexus with the local medicines that has been administered by him. The offence alleged as of now is not punishable with extreme penalty. Therefore, the petitioner be granted relief of anticipatory bail.