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
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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
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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.
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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.
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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
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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.
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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
