Karnataka High Court Sri Kotreshi @ Kotreshappa vs The State By Chigateri Police on 10 December, 2012Author: K.N.Keshavanarayana
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10TH DAY OF DECEMBER 2012 BEFORE
THE HON’BLE MR.JUSTICE K.N.KESHAVANARAYANA CRIMINAL PETITION No.7135 OF 2012 BETWEEN:
Sri.Kotreshi @ Kotreshappa,
Son of Ningamma
Aged about 40 years,
Resident of Mattihalli village, Harapanahalli Taluk,
(By Shri D.P.Mahesh, Advocate)
The State by Chigateri Police
Represented by Learned Public Prosecutor, High Court of Karnataka
High Court Buildings,
(By Shri B.Raja Subramanya Bhat, GP.,) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in Cr.No.61/2011 of Chigateri P.S., Davanagere, for the offence P/U/S 498A and 302 r/w 34 of IPC. 2
This Criminal Petition coming on for orders on this day, the Court made the following: – ORDER
The petitioner is the sole accused in Crime No.61/2011 of Chigateri police station in Davanagere District. The said case came to be registered initially for the offences punishable under Sections 498A and 307 IPC on the basis of the statement of Smt.Parvathamma, wife of this petitioner recorded in Government Hospital, Harappanahalli on 27.10.2011, where the injured was taking treatment for the burn injuries sustained by her.
2. According to the said statement, the petitioner being her husband used to come home every day fully drunk and was subjecting her to physical cruelty and at about 10.00 a.m., on 27.10.2011, the petitioner came home fully drunk, started abusing her in filthy language and at that time, she, out of fear doused herself with kerosene, at that stage, the petitioner stating that she should die, lighted a match stick and set her on fire. At that stage, the petitioner 3
hugged her as a result, he also sustained injuries. Thereafter, both of them were brought to the hospital. Subsequently, the said Parvathamma succumbed to the burn injuries. Therefore, the offence punishable under Section 307 was altered to offence punishable under Section 302 IPC. During investigation, this petitioner was arrested and later subjected to judicial custody. His application filed for bail before the learned Sessions Judge came to be rejected. Therefore, he is before this Court.
3. The petition is opposed by respondent-State.
4. I have heard both the sides and perused the records made available.
5. At this stage, materials on record prima facie indicate that the death of Parvathamma was on account of the burns sustained by her. The statement of the deceased which appears to have par taken the characteristic of dying declaration, prima facie indicates that this petitioner used to subject her to physical 4
cruelty and on the date of the incident, when she doused herself with kerosene, this petitioner with an intention to kill her lighted a match stick and set her ablaze. Thus, at this stage, there are reasonable grounds to believe that the petitioner is guilty of the offence punishable under Section 302 IPC which is punishable with death or life imprisonment. Regard being had to the facts and circumstances of the case, the nature and gravity of the offence, as well as the punishment prescribed for the same, the petitioner is not entitled for the relief of bail. Therefore, the petition is rejected.