Shekara vs The State

A.V. Chandrashekara, J.—Petitioner is the lone accused in case bearing Crime No. 110/14 on the file of Holenarasipura Rural police station. Offence alleged against him is punishable under Section 302 of IPC. He has been in judicial custody since 12.4.2014.

Perused the records and heard the learned counsel for the petitioner and the learned HCGP.

The first information is lodged by one Chikkegowda, S/o Marigowda on 12.4.2014 at about 10.30 p.m. He was a distant relative of the deceased Dasegowda. Petitioner is the son of the said Dasegowda. The first information discloses that Dasegowda, the relative of the first informant was addicted to drinking liquor and in this regard he was selling the tender coconut from the coconut trees standing in the land of petitioner and the deceased and was even selling rice and ragi and household articles to get money. Whenever his wife or his son used to ask him about his bad habits, he was picking up unnecessary quarrel with them and even assaulting them. Inspite of several advice, he had neither paid heed nor corrected himself.

According to the first informant, he was coming in front of the house of the deceased on the morning of 12.4.2014 and came to know that deceased Dasegowda had been murdered by his son Shekara. He found the dead body of Dasegowda and then he is stated to have enquired about the cause of death with the wife of Dasegowda and she is said to have told him that on 7.4.14 deceased had come up fully drunk and at about 7.30 p.m. there was some exchange of words between the father and son and son had told his father that he had virtually ruined his house. He had told him that he would not allow him to climb the coconut trees in future by making him permanently immobile. Stating so he is stated to have assaulted with a wooden reaper to his shoulder and legs and when the wife of the deceased and the wife of the petitioner tried to rescue Dasegowda, he assaulted him on his head. Then both of them snatched the wooden reaper from him. It is mentioned that they did not take the injured to the hospital since the petitioner had threatened them not to take him to the hospital. On 11.4.14 at about 8 p.m. Dasegowda breathed his last. On the basis of the first information lodged by Chikkegowda, case has been registered.

Learned HCGP has vehemently opposed the bail application contending that it is too premature to disbelieve the statements of wife and daughter-in-law of the deceased and prima facie case is made out against the petitioner. He has argued that medical evidence also discloses death due to injuries on the head.

Learned counsel for the petitioner has argued that there is inordinate delay in lodging the first information before the police though the incident of attempt to murder is stated to have taken place on the evening of 7.4.2014.

It is further argued that the deceased had come home fully drunk and the possibility of scuffle between the son and the father cannot be ruled out. He has argued that the medical evidence needs to be proved insofar as death due to the injuries sustained because of the assault due to a weapon on the shoulders and thigh.

The medical evidence discloses that the death was due to cardio respiratory arrest as a result of cerebral edema due to head injury. As rightly pointed out by the learned counsel for the petitioner, first information 13 lodged by a person who did not see the alleged attempt stated to have been made by the petitioner. There is a delay in lodging the first information. Admittedly, the deceased had come home fully drunk. The possibility of scuttle between the son and the father cannot also be ruled out. It is argued that the deceased might have sustained injuries as a result of falling down due to loss of balance because of intoxication. Suffice to state that the petitioner is an agriculturist and a permanent resident of Mallenahalli Village in Holenarasipura Taluk having roots in the community. The entire investigation is completed and charge sheet has been filed. Hence, the apprehension of the learned HCGP could be suitably met with by imposing proper conditions.

In this view of the matter, petition is allowed and bail is granted to the petitioner, subject to the following conditions:-

(i) Petitioner shall be released on bail on his executing a personal bond in a sum of Rs. 1,00,000/- with one surety, for the likesum to the satisfaction of the I.O.

(ii) Petitioner shall not holdout threats to the prosecution witnesses in any manner.

(iii) Petitioner shall not involve himself in any criminal activities.

(iv) Petitioner shall give attendance to the respondent-police once in a fortnight on Sundays between 9 a.m. and 5 p.m. without fail, for a period of six months from the date of his release from prison.