ORDER

The petitioners who were arraigned as Accused No.3 & 4, have filed this petition for enlarging them on bail in CC No.1519/2023 arising out of Crime No.53/2023 on the file of Kollegala Rural Police Station, registered for the offences punishable under Sections 504, 302 r/w. 34 of IPC, pending on the file of the Principal Civil Judge and JMFC, Kollegala.

2. The brief factual matrix leading to the case are that, on 05.04.2023 at 4.30, p.m., the complainant-Smt. Manjula, the wife of deceased has lodged a complaint against the present petitioners/Accused Nos. 3 & 4 and others by setting law in motion. The allegations disclose that, on 05.04.2023 at 4.30 p.m., CW.2 was checking the voters’ list of Grama Panchayath Election of Mulluru Village, along with Accused No.2-Devamma. At that time, the deceased-Madeshanayaka asked CW.2 to check the voters’ list by visiting each house in the village. It is alleged that at that time, verbal conversation has taken place between Accused No.2 and deceased. At that time, Accused No.2 abused the deceased in vulgar language and the other accused including the present petitioners, who joined Accused No.2 and then the present petitioners assaulted the deceased by their hand on his cheek and face and it is also alleged that, he was made to fall on the ground and thereafter, they stamped him and then CWs.3, 4, 5, 6 & 7 rushed to the spot and pacified the dispute. Due to said assault, the deceased suffered injury on his left eye, right cheek, left elbow and fingers of left leg and other injuries and thereafter he went to the house and slept. On the next day i.e., on 06.04.2023 in the morning at 7 ‘O’ Clock, the complainant went to her work and in the evening, when she returned from work, she found the deceased was sleeping and immediately she shifted the deceased at 7.45 p.m., to Kollegala Government Hospital. But, on the way to the hospital, he succumbed. It is alleged that the petitioners assaulted the deceased, who was suffering from heart ailment. As a result of assault, the heart problem aggravated, which has resulted in heart attack to the deceased and hence, the crime came to be registered. On the basis of the complaint, FIR came to be issued and petitioners who were arraigned as Accused Nos. 3 & 4 were arrested and remanded to judicial custody. Therefore, the petitioners/accused-3 & 4 have approached the Additional Sessions Judge, Chamarajanagara sitting at Kollegala and the learned Sessions Judge has rejected their bail petition. Hence, the petitioners are before this Court.

3. Heard the learned counsel for the petitioners/accused- 3 & 4 and the learned HCGP appearing for the Respondent-State. Perused the records.

4. The allegations of the prosecution disclose that, the alleged incident has taken place in the evening at 4.30 p.m. on 05.04.2023 when CW.2-Smt. C. Premalatha visited the village for verifying the voters’ list. According to the prosecution, when she was checking the voters’ list with the assistance of Accused No.2, the deceased asked her to visit each house and verify the voters’ list and at that time, verbal altercation has taken place between Accused No.2 and the deceased. As per the case of prosecution, then the present petitioners/Accused Nos. 3 & 4 along with Accused Nos. 1 & 2 quarreled with deceased and assaulted him by hands and stamped him.

5. On perusal of post-mortem report, it is evident that the deceased has suffered abrasion on right eyebrow, abrasion and contusion over right cheek and there were abrasion over left elbow and on the toes of left foot. The post-mortem report also discloses that there was a contusion on left eye also. No doubt there are allegations of assault by petitioners by their hands, but there is also an allegation of the petitioners stamping the deceased. If the deceased was stamped, contusions ought to have been found on his body especially on his abdomen and chest portion. But, no contusions were found on his body except on right eye, right che