DEVID Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 9/6/2023 for the offences punishable under Ss. 174 Cr.P.C @ 302 IPC @ 304 (2) IPC in Crime No.288 of 2023 on the file of the respondent police, seeks bail.

(2.) The learned counsel for the petitioner submitted that, petitioner is implicated as an accused in Crime No.288 of 2023 for the offences under Ss. 174 Cr.P.C @ 302 IPC @ 304 (2) IPC. It is the submission of the learned counsel for the petitioner that, deceased is the father of the petitioner. Deceased is a drunkard person and he used to behave in an unacceptable manner and he also used to beat the petitioner's mother. Petitioner never intended to kill his father. Thus, he prays for grant of bail.

(3.) In reply, the learned Additional Public Prosecutor, opposes this petition, on the ground that, originally the first information report is registered in Crime No.288 of 2023 for the offences 174 Cr.P.C. Subsequently, it was altered into Sec. 302 IPC and later to 304(2) IPC. The allegations against the petitioner is that, deceased is the father of the petitioner and he is a drunkard. He used to treat the petitioner's mother badly, under the influence of alcohol. On the date of the incident i.e., on 8/6/2023, deceased came home after drinking. Deceased started shouting standing in the road. Petitioner informed his mother that, the conduct of the deceased is unbearable. When, petitioner's mother tried to calm the deceased, he started to beat petitioner's mother with a broomstick. Therefore, petitioner in order to help his mother from deceased, he tried to shut his father's mouth. However, inadvertently, a strangulating has happened. As a result of which, the deceased died. Therefore, he prays for dismissal of this bail petition.