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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.
The applicant is the sole accused in Crime No.573/2025 of Manjeshwar Police Station, Kasaragod District. The offences alleged are punishable under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 26.06.2025 between 1.00 a.m. and 9.30 a.m. at Nallangipadavu in Vorkady Village, the applicant, owing to enmity towards his mother in connection with transfer of her property, inflicted injuries on her head with a dangerous weapon, thereafter set her ablaze, resulting in her death and thereby committed the aforementioned offences.
I have heard Smt.Rajana K., the learned counsel for the applicant and Sri.Rasheed C. Nooranad, the learned Special Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Special Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 26.06.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant murdered his own mother in a brutal manner. Moreover the applicant has criminal antecedents. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.