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Judgments of Supreme Court of India and High Courts

Devaraja vs State Of Karnataka on 10 January, 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF JANUARY, 2020

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.8515 OF 2019

BETWEEN:
DEVARAJA S/O ERE GOWDA
AGED ABOUT 32 YEARS
R/O ENTAGERE VILLAGE
ARKALGUD TOWN
HASSAN DISTRICT-573 201.
….PETITIONER
(BY SRI. VIJAY KUMAR T, ADVOCATE)

AND:
STATE OF KARNATAKA
BY ARKALGDU P.S.
HASSAN DISTRICT
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU-560 001.
… RESPONDENT
(BY SRI. THEJESH P, HCGP)

THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.116/2019 (S.C.NO.188/2019) OF ARAKALAGUD P.S.,
HASSAN FOR THE OFFENCE P/U/SECTIONS 498A,304B OF IPC
AND SECTIONS 3,4 AND 6 OF D.P.ACT.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER

Heard the learned counsel for the petitioner. The learned

HCGP has not filed any statement of objections, but orally

opposed the petition.

2. The petitioner is the husband of the deceased. Their

marriage was performed on 16.6.2016. The case of the

prosecution is that the deceased poured kerosene oil on herself

and succumbed to burn injuries in her house on 1.6.2019. Post

mortem examination indicates that deceased had sustained first

and second degree burns over the front of head, face and neck,

front of chest, front and back of abdomen, front and back of

upper and front and back of lower limbs up to knees. The cause

of death is stated to be on account of shock as a result of burn

injuries sustained. The mother of the victim is cited as one of

the eye witness. According to her at the time of incident, she

was also present in the house and on account of the abuses

made by the petitioner herein, she poured kerosene on herself

and on fire.

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3. Having regard to the material relied on by the

prosecution and the investigation having been completed, in my

view, it is not proper to extend the custody of the petitioner only

by way of punishment.

4. In that view of the matter the petition is allowed.

a) Petitioner is ordered to be enlarged on bail on

furnishing a bond in a sum of Rs.1,00,000/-

(Rupees One Lakh only) with two sureties for

the likesum to the satisfaction of the

jurisdictional court.

b) Petitioner shall appear before the court as and

when required.

c) Petitioner shall not threaten or allure the

prosecution witnesses in whatsoever manner.

d) Petitioner shall not get involved in similar

offences.

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e) Petitioner shall not leave the territorial limits of

the Trial Court without prior permission of the

Trial Court.

Sd/-

JUDGE

rs

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