MANOJ KUMAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 302 of IPC registered in respondent - police station Crime No.534/2017.

(2.) The brief facts of the prosecution case as per the complainant are that the mother of the petitioner herein is the complainant in the case, wherein it is stated that she is residing with her son and is a house wife. Her husband H V Narayanaswamy was running a provision store and doing business and they got two children viz., Manoj Kumar, petitioner herein and Kum.Manasa. Both the children have completed their education and were not going for any job, but they were looking after the affairs of their house. It is stated that previously they resided in a house at Ramamurthynagar. At that point of time, her husband used to beat and scold her and also her children, by giving them torture each and every day and also used to quarrel with them. Being disgusted with that behaviour of the husband for the last five years, herself and her children started to live separately and her husband came to her present house and quarreled with them and after that, they vacated the said house and for the last 1 1/2 years, they lived at Kelkere. However, there also, her husband used to come and quarrel with her and due to this, they thought to reside anywhere far off the place and thus took a house on rent near Segehalli and they are residing in the said place for about one year.

(3.) It is further stated that on 18.11.2017 as usual in the morning, the complainant's son i.e. petitioner herein woke up and finished his breakfast and was watching TV up to 1.00 p.m. in the house. Thereafter he went out and returned at about 4.00 p.m. and was weeping by saying that he had visited his father in Ramamurthynagara to invite him for his marriage. In view of the said reason, the petitioner's father was aroused and abused the petitioner in filthy language saying that since the petitioner came after fixing the marriage date, he took a iron hammer from his house and came to beat the petitioner, but he escaped two times from the hammer and again for the third time, he came to beat the petitioner and at that point of time, the petitioner snatched the hammer from the hands of his father and he forcibly strangled his neck and pushed him against the wall and due to this, he suffered breathlessness and with an intention to escape from the clutches of his father, he held the iron hammer in his hand and hit on the head of his father two times and caused the injury on the head and blood was oozing out. As a result of this, his father fell down and frightened from this, he went out of the house and informed about the said incident to his mother. On the basis of the said complaint, the case has been registered against the petitioner.