T. NITHYANANDA Vs. STATE

JUDGEMENT

(1.) The petitioner is seeking bail in Session Case No.347/2015 pending on the file of the I Addl. Court of Sessions Judge, Mysuru. The petitioner is being tried in the said case on the basis of the charge sheet filed by Saraswathipuram Police against the petitioner for the offence punishable under Section 302 of IPC.

(2.) The said case is registered against the petitioner initially for the offence punishable under Section 307 of IPC, on the basis of the complaint lodged by one Mallamma, wife of the victim - Kalegowda. The charge sheet papers are made available for perusal of this Court.

(3.) The case of the prosecution is that, on 02.07.2015 at 3.45 p.m. on the footpath infront of G.K.Velu studio at Kantharaj Urs road, Saraswathipuram, Mysuru, the petitioner assaulted Kalegowda, a jackfruit vendor with a club when Kalegowda refused to serve jackfruit to the petitioner free of cost. Due to the injuries allegedly suffered in the said incident, Kalegowda was admitted to K.R.Hospital, Mysuru and he succumbed to the injuries on the next day, at about 5.30 p.m. On the report of the Investigating Officer, Court permitted to substitute Section 302 of IPC to Section 307 of IPC in the case.