Maranna alias Maraiah vs State of Karnataka

H.S. Kempanna, J.—The petitioner, who is sole accused in CC No. 231/2013 on the file of JMFC, Molakalmur, registered for the offence punishable u/S. 304[II] of IPC, is before this court praying for grant of anticipatory bail. Respondent--Police on the complaint of one Rajanna, son of Kadurappa, a resident of Dasarlahalli Village, Challakere Taluk, Chitradurga District, registered the case against the petitioner initially for the offence punishable u/S. 304A of IPC and took up investigation.

It is alleged among other things in the complaint that grandson of the complainant aged about four years was not healthy since the time of his birth and as he was very weak, he was unable to move and was also not speaking. The complainant had got his grandson treated in the hospital, but he had not recovered from the ailment with which he was suffering. Such being the position, on 11.11.2012 at about 9 a.m., the present petitioner came near house of the complainant and assured that he would treat the ailment of his grandson and upon his giving him treatment by administering local medicines, his grandson would completely recover and it would cost Rs. 8,000/-. In response to the same, the complainant agreed to pay him Rs. 1,000/- and thereafter this petitioner administered some local medicines to the grandson of the complainant at about 9 a.m. Thereafter, by about 11 am, the grandson of the complainant became too weak, he vomited and also had loose motions. Immediately, he was brought to the house of the petitioner. The petitioner consoled them. Since the grandson did not show any progress, then he was removed to Challakere Government Hospital in the afternoon at about 3.20 p.m. The Medical Officer, on examination of the child by name Ullas declared him having been brought dead.

The Police after investigation of the case submitted final report before the jurisdictional Magistrate alleging that the petitioner has committed offence punishable u/S. 304[II] of IPC.

Learned counsel appearing for the petitioner contends, initially, when the case was registered for the offence punishable u/S. 304A of IPC by the Police, petitioner had been arrested and released on bail. He has not violated any of the conditions and he was making himself available to the Police. Now, the Police have filed final report before the jurisdictional Committal Magistrate alleging that he has committed offence punishable u/S. 304[II] of IPC. He submits that death of the child has no nexus with the local medicines that has been administered by him. The offence alleged as of now is not punishable with extreme penalty. Therefore, the petitioner be granted relief of anticipatory bail.

Application filed by the petitioner is opposed by the learned Government Pleader.

The offence alleged against the petitioner is one u/S. 304[II] of IPC. It is not punishable with extreme penalty. Initially, the case is registered for the offence punishable u/S. 304A of IPC at which stage the petitioner had been arrested and released on bail. There is no allegation that he has misused the liberty granted in his favour. Since the case is now registered for the offence punishable u/S. 304[II] of IPC, in the circumstances, I do not find any justification to decline the request of the petitioner for granting anticipatory bail. Accordingly, I proceed to pass the following:

ORDER

[i] Criminal Petition is allowed.

[ii] The petitioner in the event of his arrest in Crime No. 114/2012 by the respondent--Police, or in the event of his appearing before the jurisdictional Committal Magistrate, they are directed to release him on bail on his executing personal bond in a sum of Rs. 25,000/- with one surety for like sum to the satisfaction of the said Police or the court as the case may be, subject to the following conditions:

[a] He shall not tamper with the prosecution witnesses.

[b] He shall attend the court on all the dates of hearing.