SHIVASHARANAPPA S/O MAREPPA NINGADALLI Vs. STATE

JUDGEMENT

(1.) The case of the prosecution is that on 18.03.2013 at 8.00 p.m. a dinner was arranged for a celebration due to the result of the election. The complainant and his friends attended the dinner. At that time Durgappa and his friend stated that there is no food. The complainant stated that who wants your food. Durgappa abused the complainant and assaulted on the legs of the complainant and petitioner No.3 assaulted on the back by hands. Swamy and Ravi rescued the complainant and they are going to their house. The father of the complainant enquired about the incident. In the meantime Durgappa, Digambar, Shivasharanappa and Timmanna came there and abused the father of the complainant in filthy language. Digambar and Shivasharanappa caught hold of his father and Timmanna caught hold of the complainant. Durgappa assaulted the father of the complainant with hand on the chest and he fell down. The quarrel was pacified. The father of the complainant became unconscious. He was taken on a motorcycle to a private hospital wherein he was declared as brought dead. The plea for the bail before the Sessions Court was rejected. Hence the present petition.

(2.) Sri Baburao Mangane, the learned counsel appearing for the petitioners contends that there is no prima facie case against the petitioners. Hence they are entitled to anticipatory bail. On the other hand Sri S.S.Aspalli, learned HCGP contends that there is substantial material against the petitioners.

(3.) The copy of the P.M.report has been placed for consideration. A perusal of the same would show that there was a clot measuring .5cm x 2.5cm on the coronary artery. Therefore, it is contended that death was due to the clot and not due to the assault. That no external injuries were noticed on the body of the deceased. Hence, he pleads that bail should be granted.