RAJKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 19/9/2022, for the offences punishable under Ss. 448, 342, 294(b), 323, 324 and 302 IPC, in Crime No.238 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that the petitioner along with the other accused, due to the family dispute on account of the partition of land, have abused the de-facto complainant's husband in an abusive language and assaulted him and committed murder of him. Hence the case.

(3.) The contention of the learned counsel appearing for the petitioners is that the petitioners (A1 and A2), who are the sons through the first wife of the victim/deceased, are living with their mother separately and the victim was living separately with his second wife/de-facto complainant. He further submitted that there was some dispute with regard to the repayment of loan, in which the petitioners have paid a 75% of the loan amount and the victim has to pay a sum of Rs.6,000.00 to his credit, but he failed to do so and when it was questioned by the petitioners, there aroused a quarrel and scuffle between them and in the heat of passion, this incident has taken place. He also submitted that only the petitioners have taken the victim to the hospital and it would prove that there is no intention on the part of the petitioners to commit murder of their father. He further submitted that the petitioners are in prison from 19/9/2022. Hence, he seeks for grant of bail to the petitioners.