ABDULBARI ABDUL RAZAQ MULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and as well as the Additional State Public Prosecutor. Perused the records.

(2.) THE allegations made against this petitioner is that a person by name Ashok Dhondiba Salunke, resident of Artal village, Athani Taluk filed first information to the police stating that on 30.12.2013 in the morning when the complainant was in his house, he received an information that his brother Govindarao had committed suicide by consuming poisonous substance and died in front of Military Canteen building, Athani. The complainant went there and observed that his brother was lying dead. After post mortem examination, it was clarified that he died due to consumption of poison. It is stated that the deceased has left a death note stating that the accused had issued two cheques to one Adiveppa, since the cheques were bounced, Adivepa had entrusted the cheques to the deceased to prosecute the petitioner. The petitioner in fact, had threatened the deceased and forcibly taken away those cheques from the deceased. On account of the same, the deceased became dejected in life and decided to commit suicide and accordingly, he committed suicide. On these "allegations the petitioner was arrested on 31.12.2013 and he was produced before the learned Magistrate and, remanded to the judicial custody and since then he has been in judicial custody. The death note which shows that the petitioner is responsible for the death of the deceased. As the accused has taken the cheques belonging to the Adiveppa, caused mental torture to the deceased.