OBALESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in S.C.No.14/2023 pending before the I Addl. District & Sessions Judge, Chitradurga arising out of Crime No.350/2022 registered by the Challakere Police Station, Chitradurga District for the offence punishable under Ss. 302, 504 and 506 of IPC and Sec. 7(c) of Protection of Civil Rights Act, 1955 is before this Court seeking regular bail.

(2.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

(3.) On the complaint dtd. 19/10/2022 by Sri Chidananda R S/o Rundrappa, Challakere Police had registered FIR in Crime No.350/2022 against the petitioner. In the complaint it is averred that complainant is the son of the deceased Rudrappa, who was aged about 70 years. In the complaint it is stated that Rudrappa was staying alone in his house and complainant and his siblings were often visiting the said house. On 18/10/2022 at about 5.00 p.m, the petitioner, who is the neighbour of deceased Rudrappa allegedly abused him on the ground that the deceased who had agreed to sell his house to the petitioner had thereafter backed out from his promise. The petitioner allegedly assaulted Rudrappa with iron rod on his chest, stomach and legs and other parts of the body. At that time, their neighbour Devaraja had rescued him. The deceased Rudrappa thereafter slept in his house. On the next day, it was noticed that Rudrappa had died in his house. Immediately, thereafter the complainant was informed about the death of his father and after seeing the dead body, a complaint was lodged which had resulted in registering FIR in Crime No.350/2022. The petitioner was arrested on 21/10/2022. The investigation in the case is completed and the charge sheet has been filed. The bail application under Sec. 439 of Cr.P.C, filed by the petitioner before the Court of I Addl. District & Sessions Judge, Chitradurga in S.C.No.14/2023 was dismissed on 6/6/2023. It is under these circumstances, the petitioner is before this court.