The court emphasized that culpable homicide requires intent or knowledge of likely death, allowing pre-arrest bail due to lack of evidence of bodily harm.

O R D E R

The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, (in short ' BNSS ') for an order of pre-arrest bail.

2. The petitioner is the sole accused in Crime No.1337/2024 of the Peroorkada Police Station, Thiruvananthapuram, which is registered against him, for allegedly committing the offences punishable under Sections 105 and 351(3) of the Bharatiya Nyaya Sanhita , 2023 (in short BNS ).

3. The prosecution case, in brief, is that: on 2.9.2024, at 8:30 hours, the accused had an argument with the de facto complainant's father named John Paul (deceased) regarding the construction of a compound wall of their houses near the Devi temple at Muttada. The accused knowing that the deceased was a heart patient and that any attack would accelerate the death of deceased, abused and pushed the deceased on his chest, and placed a chopper on the deceased's neck. On seeing the chopper, the deceased collapsed. Even though the deceased was rushed to the Sree Chithira Thirunal Institute of Medical Sciences and Technology, he was declared dead at 10:30 hours. Thus, the accused has committed the above offences.

4. Heard; Sri.S.Rajeev, the learned counsel appearing for the petitioner and Smt.Seetha.S.,the learned Public Prosecutor.

5. The learned counsel for the petitioner strenuously argued that the petitioner is innocent of the accusations levelled against him. By no stretch of imagination can the offence under Sec.105 of the BNS be attracted to the facts of the case. The deceased, who was a heart patient, had suffered a cardiac arrest and died. A perusal of the inquest report and the post- mortem certificate would reveal that the deceased had not suffered any bodily injuries. Even going by the prosecution allegation, the petitioner only pushed the deceased which can never lead to the death of a person. The Investigating Officer has falsely stated the petitioner attacked the deceased with the chopper. The Investigating Officer has deliberately incorporated Section 105 of the , to see that the petitioner is arrested and incarcerated. Even though the deceased has a house near the petitioner's house, he has leased the house and is residing far away from the said place. The petitioner had no contact with the deceased. An unanimous decision was taken by the people of the locality to widen the road. While the widening was taking place, the deceased interfered in the same, which led to the altercation. The petitioner had not touched the deceased. The petitioner was unaware that the deceased had any cardiac problem. It is only on reading the newspaper that the petitioner got the news regarding the death of the deceased and he had a cardiac problem. The petitioner is a law abiding citizen without any criminal antecedents. The petitioner is willing to co-operate with the investigation and abide by any stringent condition that may be imposed by this Court. Hence, the application may be allowed.

6. The learned Public Prosecutor seriously opposed the bail application. She submitted that there are incriminating materials to substantiate the petitioner's culpability in the crime. The petitioner has absconded after the incident. The chopper used to threaten the deceased is yet to be recovered. The investigation is only at a nascent stage. If the petitioner is granted an order of pre-arrest bail, there is a likelihood of the petitioner fleeing from justice. It would also send a wrong message to the society. The petitioner was very much aware that the deceased was a heart patient. The petitioner's custodial interrogation is necessary and recovery is to be effected for the proper investigation of the crime. Therefore, the bail application may be dismissed.

7. The prosecution allegation is that, the petitioner and the deceased had a wordy altercation regarding the construction of a compound wall. Then, petitioner got agitated and he abused the deceased in obscene language, placed a chopper on the neck of the deceased an