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Satish S/O Bhimasingh Rathod vs State Of Karnataka on 22 January, 2020

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 22ND DAY OF JANUARY, 2020

BEFORE

THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL PETITION NO.201473/2019

Between:

Satish S/o Bhimasingh Rathod
Age: 30 years, Occ: Coolie
R/o Siddapur
Tq: Dist: Vijayapura
… Petitioner

(By Sri Shivanand V. Pattanashetti, Advocate)

And:

State of Karnataka through
R/by Addl. SPP Kalaburagi
High Court of Karnataka
Kalaburagi Bench – 585107
(Through Vijayapur Rural P.S.)
… Respondent

(By Sri Mallikarjun Sahukar, HCGP)

This criminal petition is filed under Section 439 of
Cr.P.C. praying to grant the regular bail to the
petitioner/accused in C.C.No.3665/2019 (Vijayapura Rural
PS (Crime No.71/2019) for the offences punishable under
Crl.P.No.201473/2019

2

Sections 498A and 306 of IPC pending on the file of the IV
Addl. Civil Judge and JMFC (Jr.Dn.) Court, Vijayapura.

This petition is coming on for orders this day, the
Court made the following:

ORDER

The petitioner has sought for regular bail under

Section 439 of Code of Criminal Procedure in Crime

No.71/2019 of Vijayapur Rural Police Station,

registered for the offences punishable under Sections

498A and 306 of Indian Penal Code (hereinafter for

brevity referred to as ‘IPC’).

2. The summary of the case of the

prosecution is that the deceased Jayakka, who is the

wife of the present petitioner committed suicide on

the night of 30.03.2019 at about 8.30 p.m. by pouring

kerosene upon her and litting fire to it. She

succumbed to the burns on 31.03.2019 at about

12.20 hours while under treatment in the District
Crl.P.No.201473/2019

3

Hospital at Vijayapur. After completion of

investigation, the police have filed the charge sheet

against the present petitioner arraying him as the sole

accused for the offences punishable under Sections

498A and 306 of IPC. The petitioner is said to be in

judicial custody since 31.03.2019 till today.

3. The learned counsel for the petitioner in his

argument submitted that absolutely there is no

material in the charge sheet to show that there was

any instigation by the petitioner for the alleged suicide

committed by the deceased. Even it is taken that the

accused had abused the deceased on couple of times,

but, the same cannot be considered as instigation to

commit suicide. Further, there is no material in the

charge sheet to show that the deceased was subjected

to cruelty by the accused at any point of time.

Crl.P.No.201473/2019

4

4. The learned High Court Government

Pleader who has filed his statement of objection, has

stated that it was the neighbours who put off the fire

and shifted the injured to the hospital and that several

of witnesses have spoken about the cruelty meted out

by the deceased by her husband. He has strongly

opposed the granting of bail.

5. During the pendency of this petition, this

Court after coming to know that there was dying

declaration said to have been recorded in the matter,

had directed the learned High Court Government

Pleader to produce the same before this Court.

Accordingly, the learned High Court Government

Pleader along with a memo has filed photocopy of the

alleged dying declaration said to have been given by

the deceased Jayakka on 31.03.2019.

Crl.P.No.201473/2019

5

6. A perusal of the said dying declaration at

this stage would go to show that the deceased is

shown to have stated that nobody has assaulted her

in any manner and being annoyed with the abuse

made by her husband who was asking her to die, she

herself poured kerosene upon her and put fire to it.

Added to this, a perusal of the statement of CWs.6 to

9, 12 to 14, 18 and 19 at this stage would go to show

that they have to be tested in the Court of law for

ascertaining that they were eyewitnesses to the

alleged incident. In that background, I am of the view

that whether the alleged act of the petitioner results in

attracting Section 306 of IPC can find its answer only

in full-fledged trial. Considering the fact that the

petitioner is said to be in judicial custody since from

the date of the incident and considering the nature of

offence alleged against him, I am of the view that

the petitioner be enlarged
Crl.P.No.201473/2019

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on bail by imposing reasonable condition.

Accordingly, I proceed to pass the following:

ORDER

The petition is allowed. The petitioner be

enlarged on bail in Crime No.71/2019 of Vijayapur

Rural Police Station, for the offences punishable under

Sections 498A and 306 of IPC, subject to the following

conditions:

(i) That the petitioner shall execute a
personal bond for a sum of
`60,000/- with two local solvent
sureties for the likesum to the
satisfaction of the enlarging Court.

(ii) The petitioner to give in writing
about the change in his address, if
any, to the Investigating Officer
and Court as and when such
change occurs and obtain
acknowledgement in that regard.

Crl.P.No.201473/2019

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(iii) He shall appear before the Court
on all the dates of hearing.

(iv) He shall not hamper or tamper the
prosecution witnesses and
documents in any manner.

Sd/-
JUDGE

Srt

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