STATE OF KARNATAKA Vs. CHAMANSAB

JUDGEMENT

(1.) The accused though served has remained absent.

(2.) This is an application by the State against the order dated February 5,1987, passed by the J.M.F.C. Hadagalli in Crime No. 4/87 of Hadagali Police Station releasing the accused, apprehended under Section 302 !PC, on bail.

(3.) The material facts are : The deceased is the younger brother of the accused. The accused was running an arrack shop in a portion of the building and the deceased was running a flour mill in the other side of the building. On account of the running of the arrack shop by the accused, customers of the deceased who was running a flour mill, work being put to a good deal of nuisance. The deceased made a complaint about this The accused had to shift his arrack shop. Further there was also d.spute between the accused and deceased regarding the property that had fallen to their shares in the partition. On 13-1-1987 at about 10-30 a.m. the accused assaulted the deceased by squeezing the testicles. The accused again went to the flour mill of the deceased at about 11 p.m. and assaulted him with the club which brought about his death. The wife of the deceased who had gone to the rescue of the deceased at the time of the assault was also assaulted by the accused. Later on, a complaint was lodged before the Police on 15-1-1987. When the accused was produced before the Magistrate for obtaining remand, the Magistrate released the accused on bail. It is this order of the release of the accused on bail that has been questioned in this petition.