NANDAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/sole accused in Crime No.172/2023 dtd. 27/9/2023 registered by the Kollegala Rural Police Station for the offences punishable under Ss. 307, 324 and 504 of IPC in FIR and subsequently for the offences punishable under Ss. 302 and 504 of IPC in the charge sheet, is before this Court for grant of regular bail.

(2.) The facts that are apposite for consideration as borne out from the pleadings are as follows: On 26/9/2023 at about 7:30 p.m., based on the information given by one Sri Basavanna i.e., C.W.3, the complainant namely Sri Anil Kumar S/o Kumar (deceased) rushed to the spot i.e., backside of the Silk Factory at Hosabeedhi, Kamagere Village, wherein the complainant found his father Kumar who was assaulted by the accused namely Nandan @ Nandan Kumar in a cement block. Thereafter, he shifted his injured father to the Holycross Hospital, Kamagere along with C.Ws.4 and 5 and thereafter, based on the advice of the Doctor at Holycross Hospital, Kamagere, injured was shifted to JSS Hospital, Mysuru, there he admitted as an inpatient on 27/9/2023. On 11/10/2023, he succumbed to the injuries. Initially, based on the complaint lodged by the complainant Sri Anil Kumar, the respondent-Police registered the case against the accused for the offences punishable under Ss. 307, 324 and 504 of IPC on 27/9/2023 in Crime No.172/2023 and after the death of the deceased Kumar, the Investigation Officer made a request to the concerned Jurisdictional Magistrate to invoke Ss. 302 and 504 of IPC and after due permission of the learned Magistrate, Ss. 302 and 504 of IPC were invoked in the case. The accused was arrested on 12/10/2023, ever since then he is in custody. Presently, the respondent-Police completed the investigation and laid the charge sheet on 5/1/2024, before the Jurisdictional Magistrate. Being aggrieved by the custodial detention, the petitioner approached the Court of Additional District and Session Judge, Chamarajanagara (Sitting at Kollegala) in Crl.Misc.No.5006/2024. However, the learned Sessions Judge dismissed the bail application filed by the petitioner vide order dtd. 27/1/2024. Aggrieved by the same, the petitioner is before this Court for grant of regular bail.

(3.) Heard the learned counsel Sri Pratheep K.C for Sri Sharath J.M for petitioner and learned HCGP Sri M.R.Patil for respondent-State.