Neelakanta vs State

H.S. Kempanna, J.—The petitioner, who is arrayed as accused in S.C. No. 1238/2012 on the file of FTC-VI, Bangalore city registered for the offence u/s. 302 of IPC, is before this court praying for enlarging him on bail. It is the case of the prosecution the petitioner the deceased-Shashikumar and CW2-Venkatesh hail from Andhra Pradesh. They came down to Bangalore to eke out their livelihood and stayed in a shed put up at Dasharatha Layout Doddanagamangala coming within the jurisdiction of respondent/police station. The present petitioner had advanced a loan of Rs. 10,000/- to the deceased. He was demanding the said sum from him. The petitioner was putting off the same by giving lame excuses. In this connection frequent quarrels were taking place between them. Such being the position on 22.5.2012 at about 10.30 p.m. the accused went near the shed where they were living and asked the deceased Shashikumar to return the amount of Rs. 10,000/- which he had borrowed from him. In response to the same the deceased again gave lame excuses and also accosted him saying that he would not repay the same. At this stage the petitioner lost patience, went inside the shed, brought a cricket bat and assaulted the deceased on the head. On account of the assault made on the deceased, he sustained severe injury and succumbed to the same at the said place. Thus he has committed the offence alleged against him.

The learned counsel for the petitioner contends taking the entire case of the prosecution as projected it cannot be said that the act committed by the petitioner would amount to murder. He submits at best having regard to the background in which the occurrence has taken place, the offence committed by the petitioner would amount to culpable homicide not amounting to murder, in view of the fact that he has assaulted the deceased in a heat of passion when the deceased gave lame excuses to repay the amount due by him to the petitioner and also told him that he can do whatever he wants. The petitioner is in custody since 24.10.2012. Therefore, he be released on bail.

The application filed by the petitioner is opposed by the State.

The material now on record reveals when the petitioner demanded the amount of Rs. 10,000/- which was due to him from the deceased, the deceased is alleged to have given lame excuses as usual and also accosted him saying he can do whatever he wants, at which point of time the accused lost his patience, brought the cricket bat which was in the shed and assaulted the deceased on the left side of his head due to which he sustained injury and succumbed to the same. Having regard to the background in which the occurrence has taken place, the offence committed by the petitioner would amount to culpable homicide not amounting to murder, as he has assaulted the deceased in a heat of passion when the deceased gave lame excuses to repay the amount due by him to the petitioner and also told him that he can do whatever he wants. Therefore, it cannot be said he has committed the offence punishable u/s 302 of IPC. In that view of the matter taking into account the petitioner is in custody since 24.10.2012 there is no justification to decline his request. Accordingly, I proceed to pass the following:--

ORDER

1) The petition is allowed;

2) The petitioner is ordered to be released on bail on his executing a personal bond in a sum of Rs. 50,000/- with one surety for the likesum to the satisfaction of the learned Sessions Judge subject to the following conditions:--

i) He shall not tamper with the prosecution witnesses;

ii) He shall attend the court on all the dates of hearing.