SUBRAHMANYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for grant of regular bail in Crime no.87/2024 by Gadag Town Police Station, Gadag, for offence punishable under Sec. 103 (1) of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') by sole accused (petitioner).

(2.) Sri Anand R. Kolli, learned counsel for petitioner submitted case of prosecution was that Tarun Mulimani filed complaint at 9:45 p.m. on 18/7/2024 stating that he was staying with his father, mother and brother. His father was doing coolie work. Petitioner was resident of same locality and was friend of complainant. On ground that petitioner was addicted to vices, his father advised him against friendship with petitioner, he had also advised petitioner to avoid friendship with his son which led him to have grudge against complainant's father.

(3.) It was stated, complainant's father also suffered from epilepsy and used to consume liquor. Three days earlier on 15/7/2024 at about 10:00 p.m., his father went out after dinner, to get bidi, when their relative Shekar came there and informed them about complainant's father lying with grievous injures behind his right ear. Immediately, they went to spot and took him to District hospital, Gadag. And as per advice he was taken in ambulance to KIMS Hospital, Hubballi for higher treatment at about 0:31 hours on 16/7/2024. But at about 2:47 p.m. his father (victim) died during treatment. Since, doctors and police informed complainant's mother that victim's body would be handed over after formalities, she came back to Gadag to inform relatives. After Post Mortem when body was handed over, they cremated it at Gadag.