PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed seeking to enlarge the petitioner/sole accused on bail in Cr.No.123/2022 of Harugeri police station, Raibag, registered for the offence punishable under Sec. 302 of IPC.

(2.) The petitioner is accused of committing the murder of first informant's father by name Dattu Shivappa Kamble on 4/7/2022 at about 4.30 p.m. in front of his house in Bastawada village, Raibag taluk, by stabbing him on his chest by means of a knife.

(3.) Learned counsel for petitioner has contended that even if the entire case of the prosecution is accepted, then the intention for committing the murder is lacking and the incident appears to have taken place in a sudden quarrel without any premeditation. He contends that there is only one stab injury on the dead body, which shows that the accused has not acted in a cruel manner and not taken any undue advantage. He submits that the accused was in an inebriated condition at the time of incident and therefore, there was no mens rea on his part to commit the offence. He submits that the petitioner was arrested on 5/7/2022 and since then, he is languishing in judicial custody and therefore, by imposing any conditions he may be enlarged on bail.