BASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner -accused No. 1 u/S 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable u/S 323, 324, 307 r/w Sec. 34 of IPC and also under Section 3(1)(x), 2(2)(5) of SC & ST (POA) Act registered in respondent Police Station Crime No. 165/2015.

(2.) BRIEF facts of the prosecution case as per the complaint averments are that one Vittal who is the brother of the deceased lodged a complaint on 04.07.2015 at 8.25 hours on the information from his father that his father came with a crime enquiry, he told that accused Nos. 1 to 3 thinking deceased Anil, brother of the complainant has given a love letter to the daughter of the petitioner herein and they have abused in filthy language by taking the name of his caste and attempted to commit murder by assaulting with agricultural equipment and when he and his wife went to the rescue the deceased Anil, the accused assaulted them. It is also alleged that complainant and one Manju went in search of the deceased Anil but he was not traced out. Thereafter on 02.07.2015 at about 6.00 -a.m. complainant's father and mother informed them in telephone that Anil is alive in their land. Thereafter the complainant took the deceased Anil to local hospital and finally on 02.07.2015 took the deceased to BLDE Hospital for further treatment. It is also alleged that on 06.07.2015 at 7.53 AM the said Anil died at BLDE Hospital. It is relevant to mention that during the course of recording the statement of the witnesses complainant in his further statement stated that while the deceased Anil was admitted in Mahalingapur he told before the complainant that, on 02.07.2015 at about 4 p.m. one Venkat, Pavan and Manjunath have administered him poison but the deceased has not told about the assault made by this petitioner. On the basis of the said complaint a case has been registered for the alleged offences and after the death of the deceased in the hospital on 06.07.2015, on the requisition of the Police the offence under Section 302 of IPC is also inserted in the case.

(3.) LEARNED counsel for the petitioner submits that there is no prima facie material placed by the prosecution as against the present petitioner and so far as administering poison to the deceased is concerned, it was stated to be on 02.07.2015, i.e., one day after the alleged incident. He also submitted that though administering poison there is no name of the present petitioner and it is against other three persons. He also submitted that there is a delay in lodging the complaint. Though the incident took place on 01.07.2015 when complaint was lodged on 04.07.2015 he submitted that after having deliberation and discussion the complaint is filed. Hence, the complaint is afterthought.