Mailari Siddappa Bharamannavar Vs the State of Karnataka

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), SEEKING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER-

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HC-KAR

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ACCUSED ON REGULAR BAIL IN S.C.NO.5047/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 302, 323, 324 OF IPC ARISING OUT OF HUBBALLI RURAL P.S. CRIME NO.52/2024, PENDING ON THE FILE OF HON’BLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, IN THE INTEREST OF JUSTICE.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

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The petitioner is arraigned as accused in Crime No.52/2024 of respondent police registered for the offences punishable under Sections 302, 323, 324 of Indian Penal Code, is before this Court seeking for regular bail.

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FACTUAL MATRIX OF THE CASE:

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The case of the prosecution is that on 03.03.2024 around about 08.00 p.m., when the

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complainant was in his house, the accused who is the cousin of the complainant was quarreling with father and mother of him. When it was enquired, the complainant was

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HC-KAR

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told that the accused was quarreling with his father as his father was not bringing the drinks for his consumption. In the meantime, the aunt of the complainant also informed that the petitioner was always used to quarrel with them on the same issue.

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It is stated that the petitioner caused bleeding injuries to her mother on biting her lips and also killed his father by assaulting him. The complainant and other public pacified the quarrel and shifted the injured to the hospital. However, the injured died in the hospital. Therefore complaint came to be registered against the petitioner.

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Based on the complaint respondent police registered a case in Crime No.52/2024 for the offences stated supra. After conducting the investigation submitted the charge sheet.

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Heard Sri Saiyed D. Mulla, learned counsel for

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the petitioner and Sri Jairam Siddi, learned HCGP for the

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HC-KAR

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respondent State and perused the material placed before the Court.

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It is the submission of the learned counsel for the petitioner that, the petitioner is the son of the deceased. The incident had occurred due to sudden provocation. The petitioner had no intention to commit murder of his father. The allegations are baseless and bald. In fact, the mother of the accused voluntarily approached the counsel for the petitioner and entrusted the work of handling the case.

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It is further submitted that the petitioner is the only earning member of the family. The mother is aged lady, he has to take care of her. Thereofre, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide the condition in the event of his release on bail.

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Per contra, the learned HCGP for the respondent State vehemently submitted that the manner in which the petitioner committed the murder of his father and also assaulted his mother would indicate the gravity of the

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HC-KAR

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offence. In case, if he is enlarged on bail, there may be chances of committing similar offence on his mother. Therefore, it is not appropriate to grant him bail. Making such submission, he prays to reject the bail petition.

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Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that the petitioner is none other than the son of the deceased. There was a quarrel between father and son in respect of not bringing the alcohol for consumption. In the said incident, he is stated to have assaulted his father. Consequently, his father died in the hospital. However, the said incident appears to be occurred due to sudden provocation. Therefore, it is appropriate to grant him bail by imposing suitable conditions. Hence, I proceed to pass the following:

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ORDER

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i) The petition is allowed.

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HC-KAR

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ii) The petitioner is ordered to be

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enlarged on bail in Crime No.52/2024 of respondent police, pending on the file of V Additional District and Sessions Judge, Dharwad, sitting at Hubballi, in S.C.No.5047/2024, on executing his personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees) along with one surety for the like sum, to the satisfaction of the Trial Court.

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iii) The petitioner shall not threaten the prosecution witnesses.

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iv) The petitioner shall appear before the Court on all hearing dates without fail.

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v) The petitioner shall not commit any or similar offences till disposal of the case.

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