BASAVARAJU S/O GURAPPA Vs. STATE

JUDGEMENT

(1.) APPREHENDING their arrest by H.D.Kote police in connection with the case registered in Cr.No.264/12 initially for the offence punishable under Section 302 r/w 34 of IPC, the petitioners arraigned as accused Nos. 1 to 5 have presented this petition under Section 438 of Cr.P.C. seeking relief of anticipatory bail.

(2.) ACCORDING to the case of the prosecution, the deceased Kempegowda and these petitioners are the residents of Annuru village, H.D.Kote taluk. There were certain dispute between the deceased on the one hand and the petitioners on the other hand in respect of a site over which the petitioners were claiming right of way to reach their land. In that background at about 9 a.m., on 29.07.12, these petitioners came near the house of the deceased and after calling the deceased out of the house, they tried to assault the son of the deceased and at that time, the deceased intervened and tried to rescue his son. However, at that stage, these petitioners pushed the deceased down and kicked him on his chest, as a result of which, the deceased became unconscious. Immediately, he was taken to the hospital, but on the way, he breathed his last. In respect of this incident, son of the deceased lodged a report at about 10.45 a.m., on 29.07.12 on the basis of which, case came to be registered initially for the offence punishable under Section 302 r/w 34 of IPC. During investigation, the dead body was subjected to P.M.examination. During P.M.examination, viscera was preserved and it was subjected to Histopathology examination. After the receipt of the report regarding Histopathology examination, the doctor who conducted the P.M. examination was of the opinion that the death was due to acute cardiac failure as a result of left coronary artery occlusion due to Antherosclerosis. On receipt of the P.M. reprt along with the opinion of the doctor, on completion of investigation, the I.O. filed the charge sheet against these petitioners for the offences punishable under Sections 304 and 114 r/w 34 of IPC by showing these petitioners as absconding.

(3.) THE petition is opposed by respondent-State.