IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2019
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.6544 OF 2019
Chennakeshava @ Keshava
S/o late Shivanna
Aged about 33 years
R/at 32, 4th E Cross
Behind Akash Theatre, Laggere
(By Sri Sateesh Chandra K.V, Adv. For
Sri Kapil Dev C.Ullal, Adv)
State by Rajagopalnagar
By the State Public Prosecutor
High Court Complex
Bengaluru-560001. … Respondent
(By Sri.M.Diwakar Maddur, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.1076/2017 of Rajagopal Nagar Police Station,
Bengaluru City for the offence punishable under Sections
498-A and Section302 of IPC and etc.,
This Criminal Petition coming on for Orders this day,
the Court made the following:
The present petition has been filed by the petitioner-
accused under Section 439 of Cr.P.C., to release him on bail
in Crime No.1076/2017 of Rajagopal Nagar Police Station for
the offence punishable under Sections 498A and Section302 of IPC.
2. I have heard the learned counsel for the
petitioner-accused and the learned High Court Government
Pleader for respondent-State.
3. The gist of the complaint is that the deceased-
Shobha was legally wedded to the accused about 9 years
back. The accused addicted to alcohol and he used to harass
the deceased both physically and mentally for demand of
money. The deceased was working in Garments and she left
the job and has received as a Provident fund to the extent of
Rupees One Lakh. When she failed to pay the said Provident
Fund to the petitioner/accused. On 09.12.2017, he came to
the house by consuming alcohol and picked up quarrel. With
an intention to kill, poured the kerosene on her and set her
ablaze. As a result of the same, she died because of the
injuries. On the basis of the complaint, a case has been
4. It is the submission of learned counsel for the
petitioner that the petitioner-accused was not present at the
time of alleged incident and the name of the petitioner-
accused was not found in the complaint. It is his further
submission that the neighboring witnesses have deposed
that immediately seeing her ablazing, they came and pour
the water and extinguished the fire and if that is the case, in
the mahazar which has been drawn, there must be some
water fallen on the ground, but no such water is found in the
panchanama. It is his further submission that the alleged
incident had taken place in between 8.30 p.m. to 9.30 p.m.
and in the postmortem report semi digested food was found,
that itself goes to show that she had already taken the food.
It is his further submission that because of IVF report she
was depressed and under said depression, she lost money as
well as her health. So in that light, she committed suicide
and there are no serious overt acts against the petitioner-
accused is concerned. It is his further submission that she
has resigned to the job and thereafter the medical test has
been done. Because of the said factual depression, she has
committed suicide. It is his further submission that if the
accused has poured the kerosene and let the fire, under
such circumstances, the burn will be more. The doctor who
conducted the postmortem has not specifically stated as to
what is the percentage of the burn injuries which have been
found over the body of the deceased.
5. If these materials have been considered and
there is no prima-facie case as against the petitioner-
accused. It is his further submission that earlier he has
approached this Court but IVF report and other materials
were not produced. In that light, he has filed the petition. On
these grounds, he prays to allow the petition and release the
petitioner-accused on bail.
6. Per contra, the learned High Court Government
Pleader vehemently argued and submitted that the
petitioner-accused has approached this Court for granting
bail and this Court by order dated 26.03.2019 has dismissed
the petition by considering the merits of the case. It is his
further submission that on the alleged date of incident, the
husband has consumed alcohol and immediately, thereafter,
he started quarrelling and assaulted the deceased physically
and subject her for mental cruelty for demand of money and
in that light he poured kerosene on her and ablazed her.
Because of the burn injuries, the deceased died in the
hospital. The postmortem report also corroborates with the
contention of the prosecution. It is his further submission
that CW.8 and CW.9 are the eye witnesses to the alleged
incident and they have categorically stated during the course
of investigation the presence of the accused. It is his further
submission that earlier the petitioner had approached this
Court and no new grounds have been made out. On these
grounds, he prays to dismiss the petition.
7. I have carefully and cautiously gone through
the submissions made by the learned counsel appearing for
the parties and perused the records.
8. On close reading of the contents of the charge
sheet material especially which has been made available.
CW.8 and CW.9 are the neighborer, residing by the side of
the house of the deceased and they have also stated in their
statements with regard to the earlier quarrel which had
taken place in between the accused and the deceased and
when he came out of the house, immediately the smoke was
emitting from the house, and noticing the same they
extinguished the fire and then she was admitted to hospital.
All these factual matrix of the case has been taken into
consideration and I am of the considered opinion that there
is material to connect the accused to the alleged crime.
Earlier the accused had approached this Court and this
Court, after considering the material placed on record, had
come to the conclusion that there is prima-facie material as
against the petitioner-accused. In that light, it was
dismissed. Therefore, the petitioner-accused has not made
out any good grounds to release him on bail.
Accordingly, the petition stands dismissed.