SHIVAKANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader for the respondent. It is the case of the petitioner that on the basis of the complaint lodged by one Mahesh to the effect that the present petitioner had visited him and enquired about the whereabouts of his younger brother, the deceased Kashinath, and had taken him to his field. It transpires that when the complainant later went near the land, he saw that his brother had been bound with ropes and the petitioner along with two others were assaulting him all over his body with sticks and the deceased was howling with pain. Therefore, the complainant had pleaded with the petitioner and others as to why they were beating his brother and he was informed that because the deceased was constantly harassing the niece of the petitioner by following her around on her way to school, the petitioner and others were teaching him lesson not to do so and when the complainant pleaded with them to forgive his brother and that he would put some sense into his head and send him away to Bangalore, the petitioner and his friends did not heed and continued to beat his brother, fearing for his own life, the complainant had left the place. Two hours later, the complainant had received a phone call asking him to come to the field of the petitioner and when he went there he saw that his brother was badly wounded from the beatings that he had received at the hands of the petitioner and two others and that he was gasping for breath. The complainant took him to the nearest hospital for treatment where the deceased succumbed to the injuries. It is in this background that the complaint has been lodged and investigation is going on

(2.) THE petitioner having approached the Court below for anticipatory bail, the Court has rejected his petition and hence the petitioner is before this Court.