Bengaluru, Oct 17: A man who killed his drunken wife for not preparing food did not commit murder but culpable homicide, the Karnataka High Court has held and passed an order for his release from jail.

The High Court modified a lower court order by saying, "The prosecution is not able to explain the intention of the accused to commit the murder."

However, there was provocation which enraged the accused to club his wife to death.

"As found from the prosecution evidence, the woman did not prepare the food, that prompted and enraged the accused to take such a drastic step all of a sudden and removed a club from the house and inflicted injuries as part of punishment and there was no intention on his part to cause death," said the High Court.

Therefore, the court held that "the alleged act of the accused comes within the purview of exception-1 to Section 300 of IPC where the death of the woman was 'culpable homicide not amounting to murder.'

Suresha from Mudigere in Chikkamagaluru district approached the High Court with the appeal in 2017.

A Division Bench of Justice K Somashekar and Justice T G Shivashankare Gowda heard the appeal.

The trial court convicted Suresha of murder and sentenced him to life imprisonment in November 2017. Suresha was living separately from his first wife Meenakshi. Another woman Radha, too, had separated from her husband Nanjaiah. Subsequently, Suresha and Radha ended up getting married and had two children.

In 2016, Suresha came back from work on a festival day to find she had not celebrated at that time. She had not cooked food either. She was addicted to drinks and was sleeping. Angry over this, Suresha fatally hit her with a club.

Modifying the conviction and order of sentence of the trial court, the High Court convicted him under section part-II of IPC (culpable homicide not amounting to murder) instead of section 302 of IPC (murder).

The period of six years, 22 days undergone by the accused in incarceration is sufficient for the offence punishable under section 304 part-I of IPC, the High Court said and directed the jail authorities to "set him at liberty forthwith, if he is not required in any other case."

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Bengaluru (PTI): A day after a video of a man seen in a disoriented state went viral on social media with claims that he was under the influence of a so-called “zombie drug”, police on Friday arrested a 29-year-old employee of a private firm here for uploading the “misleading” video.

Hemanth, a resident of Vidyaranyapura, was issued a notice to join the inquiry, police said.

Learning that the police were looking for him, he posted an apology on social media. He was later taken into custody, a senior police officer said.

A case has been registered against him under Sections 353(2), relating to statements conducing to public mischief, including spreading false information or rumours that could incite public disorder, and Section 352, dealing with intentional insult with intent to provoke breach of peace, among others, under the Bharatiya Nyaya Sanhita, police added.

After Hemanth uploaded the video, it quickly went viral on Thursday.

Later, police clarified that the man shown in a disoriented state in the video had not consumed any narcotic or psychotropic substance.

He was subjected to a medical examination, and the report confirmed that there was no trace of narcotic substances, Bengaluru police said.

The police also urged the public not to spread unverified or misleading information on social media platforms, as such content can create unnecessary panic and harm individuals’ reputations.

The footage, which circulated widely on social media, showed the man standing motionless. People claimed he might be under the influence of a synthetic “zombie drug” and raised concerns about its availability in the city.

An inquiry revealed that the individual seen in the video had come to Bengaluru in search of a livelihood and had been residing there for the past three months, police said, adding that further investigation is ongoing.

The police warned that strict action will be taken against persons found spreading false information or rumours.