DILIP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned HCGP appearing for the respondent/State.

(2.) The factual matrix case of the prosecution is that on 12/11/2023 at about 4.30 p.m., when the complainant along with the deceased Surya and his friends went to A Dark Family Restaurant situated near Rameshwara village gate for photo-shoot, the appellant herein/petitioner along with other accused persons came inside the said restaurant at lawn and they asked Surya to click the photo from his camera. Accordingly he has taken the photo and accused person asked Surya to forward the said photo to his mobile. When the said Surya expressed his inability to forward the photos from the camera to the mobile, the appellant snatched the camera from the victim and hence, scuffle was taken place between them. The victim Surya belongs to the downtrodden caste hence, offence under Sec. 3(2)(v) of SC/ST (POA) Act is invoked. When the appellant herein inflicted the injury with the knife to the victim, he succumbed to the injuries, thus invoked Sec. 302 of IPC. The police investigated the matter and filed the charge sheet.

(3.) The counsel for the appellant would vehemently contend that the incident was taken place at the spur of the moment and there is no motive or intention to commit the murder. The counsel submits that the act of the appellant will not attract Sec. 302 of IPC and at the most, it attracts Sec. 304, Part-II of IPC. The counsel also submits that post mortem report is not complete since histopathology report is awaited. Hence, prayed to enlarge the appellant on bail.