MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused under Section 439 of Cr.P.C. in Honnavara P.S. Crime No.61/2019 for offences punishable under Sections 302 and 504 of IPC. Since from the date of his arrest, the petitioner/accused is in judicial custody. Therefore, learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.

(2.) It is stated in the complaint that on filing of the complaint by the complainant namely Harish Jatti Mukri, the crime came to be registered against the accused for the aforesaid offences alleging that the complainant along with his father, mother and sister was residing at Kekkar, Bastimakki Village of Honnavar Taluk and was having landed property to an extent of 5 guntas, which stands in the name of his father and as the accused was not owing any house, he had been allowed by them to put up a house and to reside therein along with his wife and children. It is further stated by the complainant that when his father insisted the accused to vacate and handover the same, the accused by consuming alcohol, picked up a quarrel with them and had abused them in filthy language.

(3.) It is further stated in the complaint by the complainant that on 12.02.2019 he had been to attend his work and while returning to his house at around 09:30 p.m., his sister had made a call to him and informed to come to the house immediately, as the accused had picked up a quarrel with them. Therefore, he rushed to the house immediately. At that relevant point of time, the accused was quarrelling and he had pushed the father of the complainant, as a result of that he fell on the ground and he became unconscious. Thereafter, father of the complainant was taken to the Government Hospital, Kumta in order to provide treatment for him and as they informed that it is a medico legal case, subsequently the deceased was taken to Honnavar Hospital in order to provide better treatment. But the complainant's father died at around 10:45 p.m. These are all the allegations made in the complaint filed by the complainant before the Police and based upon the complaint, crime came to be registered and thereafter proceeded with the case for investigation and laid the charge sheet against the accused for the aforesaid offences.