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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 09TH DAY OF MARCH, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.100277/2018
BETWEEN
RAJU, S/O.BASAPPA,
AGE: 37 YEARS,
OCC: AGRICULTURIST,
R/O.THAYAKANAHALLI VILLAGE,
HOSAHALLI HOBLI,
KUDLIGI TALUK,
BALLARI DISTRICT. ..PETITIONER
(BY SRI.PRASHANT S. KADADEVAR, ADV.)
AND
THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
THROUGH THE PSI,
HOSALLI POLICE STATION,
HOSALLI, BALLARI DISTRICT. .. RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND
GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE
EVENT OF HIS ARREST IN CRIME NO.191 OF 2017 OF
HOSAHALLI POLICE STATION FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498A AND 306 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is the husband of the deceased. The
allegation against the petitioner is that the petitioner was
persistently ill-treating and harassing the deceased and
was assaulting her, suspecting her fidelity. On the date of
the incident that on 9.11.2017, at 10.30 p.m., once again
he picked up quarrel with the deceased and assaulted her.
Even when she came out of the house along with her son,
the petitioner continued to abuse her and even asked her
to die. Disgusted with his behaviour, the deceased poured
kerosene oil and lit herself on fire. The petitioner tried to
extinguish the fire and in the process, he himself sustained
burn injuries and immediately he ran away leaving the
injured wife on the spot. It is alleged that the neighbours
doused the fire and took the deceased to the hospital. The
petitioner also was admitted in the hospital with burn
injuries. It is stated that now the petitioner is discharged
from the hospital on 3.12.2017.
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2. It is rather curious to know that even though
the victim as well as the accused were admitted in the
hospital, there are no records to indicate that any medico-
legal case was registered or the police acted on the
information received from the hospital. On the other hand,
the complaint was lodged by the mother of the deceased
on 14.11.2017 in Hosahalli Police Station and based on the
said complaint, Crime No.191/2017 was registered against
the accused under sections 498A and 306 of IPC.
3. The prosecution is relying on the dying
declaration attributed to the deceased. In the said dying
declaration, she has narrated the circumstances in which
she set herself on fire and has stated that the petitioner
tried to extinguish the fire and in the process, he himself
sustained burn injuries. Though the subsequent conduct
of the petitioner in leaving the victim alone in the said
condition reflects his guilty mind, nonetheless having
regard to the fact that he had also sustained burns during
the occurrence and substantial investigation is already
completed, in order to expedite the investigation, it is
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advisable to direct the petitioner to appear before the
Investigating Officer. Hence, the following:-
ORDER
The petition is allowed.
The petitioner is directed to appear before the
Investigating Officer within 15 days from the date of this
order and on his appearance, the Investigating Officer
shall interrogate the petitioner and shall enlarge him on
bail on the same day on obtaining a bond for
Rs.1,00,000/- with two sureties for the likesum to his
satisfaction and subject to further conditions that;
(i) The petitioner shall appear before the
Investigating Officer and the Court as
and when required.
(ii) The petitioner shall co-operate in the
investigation.
(iii) The petitioner shall not threaten or lure
the prosecution witnesses and shall not
tamper with the witnesses or evidences.
(iv) The petitioner shall mark his attendance
in Hosahalli Police Station on the last
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the submission of the final report.
Sd/-
JUDGE
Bss.