MAHESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in Crime No.261 of 2021 of T.Narasipura Police Station, Mysore District, pending on the file the Prl. District and Sessions Judge, Mysuru, registered for the offence punishable under Sec. 302 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Sri.Somappa.

(2.) Heard Sri. Raksha Keerthana.K, learned Counsel for the petitioner and Sri.Rahul Rai.K, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

(3.) Learned Counsel for the petitioner submitted that the petitioner is the sole accused. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 30/7/2021 and since then he is in judicial custody. It is alleged that there was quarrel between C.Ws.1 and 3 i.e., the petitioner and the son of his brother. The deceased being the mother of the petitioner intervened in the matter and tried to assault the petitioner with a wooden club. The petitioner snatched the wooden club and assaulted on the head of his mother, as a result of which, she died at the spot. Even the case made out by the prosecution is that it was not a pre-planned murder. The investigation is completed and the charge sheet is also filed. Even though the statements of C.Ws.1 to 3 disclose that the incident had taken place in a fit of anger, the injured has sustained one injury. The petitioner is not required for custodial interrogation. Detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.