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2023 DIGILAW 743 (KAR)

Olleti Bhargav Chowdary v. State of Karnataka

2023-06-02

MOHAMMAD NAWAZ

body2023
JUDGMENT/ORDER 1. This petition is filed under Sec. 439 of Cr.P.C. by the sole accused in Crime No.233/2022 of Subramanyapura Police Station. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State and perused the material on record. 3. Brief facts of the prosecution case are that the complainant's son, deceased Tangarasan was working with a contractor by name Bhaskara for the past fifteen years doing plastering work. On 28/7/2022 at about 11.00 a.m., he left the house for work and at around 2 p.m., the accused, working as a writer, came to the house looking for complainant's son stating that he has stolen some steel materials from the construction site and then asked the complainant to send her son near the construction place. On 29/7/2022 at about 11.00 a.m., when her son was in the house, the accused once again came and took her son on his scooter saying that he will not harm him for the theft committed by him. Later, at around 11.30 p.m., the police came and took the complainant near the building where he was working wherein, she saw her son lying dead with bleeding injuries. 4. Initially, the crime was registered against the accused/petitioner for an offence punishable under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short). In the course of investigation, the statements of several witnesses were recorded. The Post-Mortem conducted on the dead body and the final opinion revealed that the death was due to shock and haemorrhage as a result of multiple injuries sustained. 5. The accused was arrested on 1/8/2022 and he was remanded to judicial custody. 6. The case of the prosecution is that after the petitioner took the deceased with him on his two wheeler bearing registration No.KA-05-KV-6129, he assaulted him with a fiber pipe alleging that he has been committing theft of iron materials from the construction site. Charge sheet has been filed against the petitioner for the offence punishable under Ss. 304 and 341 of IPC. 7. Charge sheet has been filed against the petitioner for the offence punishable under Ss. 304 and 341 of IPC. 7. The learned High Court Government Pleader has contended that the statements of CWs.1, 3 and 4 would clearly reveal that it was this petitioner, who took the deceased on his two wheeler and the statement of CW.5 would disclose that this petitioner assaulted the deceased with a fiber pipe indiscriminately, which has resulted in his death. He would point out from the Post-Mortem report that the deceased has sustained as many as 13 injuries and the cause of death is as a result of multiple injuries sustained. Therefore, he contends that there is a prima facie case against the petitioner and seeks to reject the petition. 8. It is contended by the learned counsel for the petitioner that even if the entire case of the prosecution is accepted, then it cannot be said that there was any intention on the part of the petitioner to take away the life of the deceased. He contends that though FIR was registered for an offence under Sec. 302 of IPC, the charge sheet is filed under Sec. 304 of IPC. He has drawn the attention of the Court to the Medical jurisprudence, pointing out that as per Post-Mortem report there was excess contents of alcohol in the blood and therefore, the deceased was drunk and as per medical jurisprudence, death from shock occurs easily in person who are deeply intoxicated. He contends that if an intoxicated person is beaten, the chance of collapsing is more and therefore, it is the alcohol contents in the blood of the deceased which has accelerated the death. 9. The learned counsel has further contended that there are only minor injuries as per Post-Mortem report, which are abrasions etc. and no corresponding internal injuries are noticed. Therefore, seeks to enlarge the petitioner on bail. 10. The FIR was registered against the petitioner for the offence punishable under Sec. 302 of IPC. On completion of investigation, charge sheet has been filed for an offence punishable under Sec. 304 of IPC. According to prosecution, petitioner took the deceased from his house to the construction site and then assaulted him with a fiber pipe stating that he has committed theft of iron materials. As per CW.4, the deceased was found beaten by the petitioner at around 12.30 noon on 29/7/2022. According to prosecution, petitioner took the deceased from his house to the construction site and then assaulted him with a fiber pipe stating that he has committed theft of iron materials. As per CW.4, the deceased was found beaten by the petitioner at around 12.30 noon on 29/7/2022. Later, the deceased was found dead at around 11.30 p.m. As per Post-Mortem report, the deceased has sustained about 13 injuries. However, those injuries are stated to be abrasions and bruises. No internal injuries are sustained by the deceased as per Post-Mortem report. Further, there are no serious injuries which could be noticed on the vital part of the body. It is contended by the learned counsel for the petitioner that the statement of CW.5 - Vikram is recorded belatedly on 3/8/2022 and therefore, his presence at the scene is doubtful. Be that as it may. Charge sheet is filed against the petitioner for an offence punishable under Sec. 304 of IPC. The petitioner was arrested on 1/8/2022 and since then, he is in judicial custody. Investigation is completed and charge sheet has been filed. Considering the entire facts and circumstances of the case, the petitioner can be admitted to bail by imposing conditions. Accordingly, following: O R D E R Petition is allowed. The petitioner is directed to be released on bail in Crime No.233/2022 of Subramanyapura Police Station pending in S.C.No.1892/2022 on the file of LXII Additional City Civil and Sessions Judge, Bengaluru City (CCH-63) subject to following conditions: 1. Petitioner shall execute a personal bond in a sum of 1, 00, 000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court. 2. Petitioner shall furnish proof of his residential address and shall inform the Court if there is any change in the address. 3. Petitioner shall not tamper with the prosecution witnesses/evidence either directly or indirectly. 4. Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 5. Petitioner shall regularly appear before the Trial Court on every date of hearing. 6. Petitioner shall not involve in any criminal activities. The observations made in this order shall not influence the trial of the case in any manner.