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Raju S/O Basappa vs The State Of Karnataka on 9 March, 2018

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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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working day of the calendar month until
the submission of the final report.

Sd/-

JUDGE

Bss.

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