SHANTARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the accused under Section 438 of Cr.P.C. praying to enlarge him on anticipatory bail, in the light of the fact that the respondent Police have requested the trial Court and have added the offence punishable under Section 302 of IPC and have sought for cancellation of the bail granted earlier.

(2.) IT is the case of the prosecution that on 06.09.2014 when the complainant by name Shankramma, her son Bahubali and two laborers were carrying on the repair work of dilapidated house, the accused is alleged to have visited the spot and said to have picked up quarrel with the deceased on the ground that he ought not to have been contacted his neighbour and the repair work is affecting and causing damage to his house. This has lead to an altercation. This altercation lead to scuffle between the deceased and the accused. During this scuffle, it is alleged by the complainant that the accused used his hand and feet to assault the deceased. The complainant further states that in the ensuing scuffle, the deceased fell down and hit his head on the concrete road and suffered injuries. Thereafter, he was taken to the hospital for treatment. The case was registered and the petitioner accused was remanded to judicial custody. Thereafter, the learned judicial Magistrate was pleased to consider and allow the application on 10.04.2015. Subsequently, the injured Bahubali while undergoing treatment died on 30.09.2014. Upon the death of said Bahubali, the respondent Police have sought permission of the trial Court to include the offence under Section 302 of IPC on the ground that the death is due to injuries suffered in the scuffle ensued between the deceased and the accused. The prosecution consequently moved for cancellation of the bail granted by the jurisdictional Court. Apprehending the arrest, the petitioner had approached the learned Sessions Judge, Koppal for grant of anticipatory bail. The learned Sessions Judge by order dated 16.02.2015 was pleased to reject the prayer of the petitioner to enlarge him on anticipatory bail, in the event of Police arresting him for the charges under Section 302 of IPC.

(3.) PER contra, the submission is totally resisted by the learned High Court Government Pleader Sri.K.S.Patil.