Karnataka High Court
Chennappa Shivappa Kodadal vs State Of Karnataka on 11 September, 2019
Equivalent citations: AIRONLINE 2019 KAR 1621
Author: K.Somashekar
Bench: K. Somashekar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF SEPTEMBER 2019
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRL. P. NO. 101629/2019
BETWEEN:
CHENNAPPA SHIVAPPA KODADAL,
AGE: 37 YEARS, OCC.: AGRICULTURE,
R/O: MURADI VILLAGE, TQ: YELBURGA,
DT: KOPPAL.
- PETITIONER
(BY SRI NEELENDRA D. GUNDE, ADVOCATE)
AND:
STATE OF KARNATAKA BY
BEVOOR POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580 001.
- RESPONDENT
(BY SRI RAJA RAGHAVENDRA NAIK, GOVT. PLEADER)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO ENLARGE HIM ON BAIL IN S.C. NO.
8/2019 PENDING ON THE FILE OF THE LEARNED DIST. &
SESSIONS JUDGE, KOPPAL ARISE OUT OF CRIME NO. 161/2018
REGISTERED FOR THE OFFENCES PUNISHABLE U/S 498-A,
109, 302, 304(B) R/W SEC. 34 OF IPC AND SEC. 3 AND 4 OF
DOWRY PROHIBITION ACT & ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This is a petition filed by the petitioner- accused No.1 u/S 439 of Cr.P.C. in S.C. No. 8/2019 arose in Bevoor Police Station Crime No. 14/2018 alleging offences punishable u/S 498-A, 109, 302, 304-B r/w Sec. 34 of IPC besides Sec. 3 and 4 of the Dowry Prohibition Act, 1961. The accused is in judicial custody since from the date of his arrest. Therefore, the counsel is praying for enlarging him on regular bail among the grounds urged therein.
2. The factual matrix of this petition are as under:
Smt. Manjawwa of Muradi village is none other than the wife of the accused No.1-petitioner herein. She got married with him and out of the wedlock she gave birth to two children, i.e., daughter-Nandini, aged about three years and a son-Shivakumar, aged about 1½ years. The deceased Manjawwa was residing in the house of her husband who is arraigned as accused No.1. But her husband gave physical as well as mental harassment to her by suspecting her fidelity 3 and also by abusing her by saying that she does not know to work properly in the field. The accused No.1 who picked up quarrel with her for the aforesaid reasons and gave physical as well as mental harassment to her. The harassment which is meted out by the deceased in the hands of her husband, that she went to her parental house at Talakeri. But the petitioner herein went there and brought her back by giving assurance that he would look after her well. But, he did not turn up to the promise and continued to give her physical as well as mental harassment and also used to beat her. The accused No.1 used to give the harassment after he had talks with the accused No.3 telephonically. On 02.10.2018 after attending the farm work, the victim along with her husband returned to their house, but during night the accused No.2 visited the house and had some talks with the accused No.1 and went from there. But during that night at about 8 p.m. when the victim was proceeding out of the house, the petitioner herein dragged her inside the house and doused kerosene oil on her person and lit fire, as a result of that, she 4 sustained burning injuries. Later with the help of neighbors she was taken to District Hospital, Koppal and from there she was shifted to KIMS, Hubballi, for further treatment. However, on 03.10.2018 she last her breath at KIMS Hospital. Subsequently, crime came to be registered based upon the report of the MLC (Medico Legal Case) Register given by the authority to the jurisdictional Police. This petitioner was insisting the victim to bring one Tola of gold item and so also cash in a sum of Rs.20,000/- as additional dowry from her parents house thereby gave dowry harassment, as wherein the accused Nos.2 and 3 were also instigating him. Subsequent to registration of the crime against the accused, the investigating officer has taken up the case for investigation and thoroughly investigated the case and laid the charge sheet. The charge sheet consists of the statement given by the deceased Manjawwa before the concerned Taluka Executive Magistrate, by narrating the incident. The said statement was given after the MLC report was sent by the concerned authority wherein the PSI of Bevoor Police has 5 recorded her statement in the presence of one Hanamawwa wife of Ramanna. This complaint is written by one P.C. No.
461. The said complaint came to be registered on 02.10.2018 at around 11.15 p.m. Based upon her complaint the case in Crime No. 161/2018 came to be registered against the petitioner-accused No.1 and two others.
3. The petitioner-accused No.1, namely, Channappa, who is no other than the husband of the deceased Manjawwa was addicted to alcohol and also in a provocative state of affairs. He used to beat the deceased by suspecting her fidelity and also abusing her in filthy language. On the fateful day also, the accused No.1 had abused the deceased by saying that she does not know cooking in the house properly. The Investigating Officer has laid the charge sheet against the accused as wherein this accused was the root cause for the death of the deceased and causing for burn injuries on her person which is indicated in the postmortem report issued by the Doctor who conducted autopsy over the dead body. The 6 injuries inflicted on her person so also found in the inquest proceedings held by the competent authority in the presence of the panch witnesses. During the course of inquest panchanama, statement of one Balamma and Hanumanthappa was also recorded, as panch witnesses. During the course of inquest panchanama, the Investigating Officer has recorded the statement of one Raghavendra, Ningappa son of Shivappa Halalli, Basavaraj son of Ramanna, Dymappa son Devappa, Ramanna son of Shivanappa. They have stated in their statement in detail that the husband of the victim was insisting to bring additional dowry in terms of gold jewellery and cash in a sum of Rs.20,000/- from her parents house and so also that her husband who suspected her fidelity and picked up quarrel with her for the simple reason that she did not do household work properly and saying so, he used to beat her and abusing her in a filthy language. But on the fateful day of the incident as narrated in her statement, that her husband Channappa doused kerosene over her person and lit fire, as a result of that she 7 sustained extensive burning injuries to the extent of 92% to 95% to the whole body. The same has been indicated in the PM report issued by the Doctor. These are all the materials which finds place in the record as wherein the Investigating Officer has laid the charge sheet against the accused.
4. Whereas the learned counsel for the petitioner who has grounded in this petition for seeking bail for the accused, that he is an innocent person of the alleged offences and he did not give physical as well as mental harassment as narrated in her statement. Even if the entire case of the prosecution theory is accepted the same do not disclose that the accused committed the alleged offences and caused for the death of the deceased. Even on plain reading of the averments of the complaint, it would reveal that there are no ingredients relating to the abatement referring to the physical as well as mental harassment meted out by her husband-petitioner herein.
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5. The second limb of the arguments advanced by the learned counsel is that there is no strong motive behind the cause of death of the deceased Manjawwa. There was no earlier complaint made by her against her husband Channappa regarding the physical as well as mental harassment meted out and so also demanding her to bring additional dowry in terms of gold and so also the cash in a sum of Rs.20,000/- from her parents house. Subsequent to the marriage of victim with the accused No.1-Channappa she has given birth to two children. Now the children are in the custody of the grandparents. The petitioner is required to be present to lookafter their welfare. If he is kept behind the bar for a longer period that the welfare of the minors would be ruined in the Society. This fact is requires to be considered apart from the other grounds urged in this petition that the accused is ready to abide by any terms and conditions imposed by this Court while granting bail to him. These are all the contentions as taken by the learned counsel for the petitioner and seeking for bail.
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6. Per contra, learned Govt. Pleader for the State who has mainly contended that this accused who is no other than the husband of the deceased Manjawwa, though she has given birth to two children, but this accused was suspecting her fidelity and given physical as well as mental harassment to her. Due to that harassment she went to her parental house but the accused had brought her back on the assurance that he would lookafter her well but continued to give physical as well as mental harassment to her by beating her. On 02.10.2018 that the accused No.2 had visited the house of accused No.1 and after return of accused No.2, the accused No.1 at about 8 p.m. had dragged the victim into the house and picked up quarrel with her by abusing in filthy language and doused kerosene over her person and lit fire. As a result of that, she sustained extensive burn injuries to an extent of 92% to 95% of the whole body as where the victim came out by fire flame on her person and that the neighbouring persons extinguished the fire flame. The victim was initially taken to District Hospital, Koppal in order to provide 10 treatment to her, due to the information given by the authority to the jurisdictional Police the case in Crime No. 161/2018 came to be registered for the offences punishable u/S 498-A, 307, 109 r/w Sec. 34 of IPC. Though Manjawwa had been shifted to KIMS, Hubballi, for better treatment but she did not recover and succumbed to the burn injuries while she was on treatment. The victim deceased had given her statement before the PSI of Bevoor Police Station, that the same has been recorded by the P.C. No. 461 and also given information to the Taluka Executive Magistrate of Koppal to proceed further even to the extent of holding the inquest over the dead body as she last her breath within a period of seven years from the date of her marriage due to the physical as well as mental harassment meted out to her in the hands of her husband as well as provocation by accused Nos.2 and 3. But, this accused No.1 who gave physical as well as mental harassment to her and so also dousing kerosene over her person and litting fire, itself indicates that there was a motive for eliminating the victim as the fire flame which has been 11 found on her person has been extinguished by the neighboring persons. The same has been revealed in the charge sheet laid by the Investigating Officer against the accused. The Investigating Officer has laid the charge sheet against the accused inclusive of an offence u/S 302 and 304- B of the IPC.
7. C.W.8 to C.W.11 given statement before the Investigating Officer during the course of investigation that they spoke about the victim who came out from the house, after being lit fire by the accused No.1 by dousing kerosene over her person, she had sustained burn injuries to the extent of 92% to 95%. Her statement reveals that her daughter, namely, Nandini, was sent to the house of her brother-in-law, i.e., the brother of accused no.1, situated at Koppal, since her husband had forced her to send her to the house of her uncle. The statement further reveals that the victim had taken an objection that her daughter is a minor and would resisting to stay away from them, but the 12 petitioner did not heed to her objection and sent the minor child to his brother's house. This was also the reason as there was an enemity developed to Channappa towards his wife Manjawwa. He suspected her fidelity since 4-5 months and also abusing her in a filthy language by saying as she does not know household work and also not doing work in the field properly. Saying so, that he has given physical as well as mental harassment to her by beating. These are all the materials in which collected by the Investigating Officer during the course of investigation. The accused is required to be facing of the trial for the heinous offence and also causing extensive burn injuries over her person, the same is indicated in the postmortem report issued by the Doctor who conducted autopsy over the dead body. The Doctor opined that the cause of death is septicemia as a result of burn injuries inflicted on her by dousing kerosene by the accused. Therefore, if the accused are supposed to be released on bail, certainly, there shall be adverse impact on the society and so also the accused would come in the way of the prosecution 13 case and destroy the evidence and the same could not be ruled out. These are all the contentions as taken by the learned Govt. Pleader for the State and seeking for dismissal of the bail petition filed by this accused.
8. It is in this backdrop of the contentions taken by the learned counsel for the petitioner and so also the counter made by the learned Govt. Pleader for the respondent-State based upon the statement given by C.W.8 to C.W.11 as wherein they are the witnesses given their statement during the course of investigation before the Investigating Officer as wherein they have specifically stated that the victim Manjawwa had come out from the scene of crime with a fire flame on her person. Thereafter the neighboring persons have extinguished the fire and taken her to the District Hospital, Koppal and subsequently was shifted to KIMS, Hubballi, for further treatment.
9. It is relevant here to refer the statement of one Raghavendra dated 02.01.2019 given before the Investigating 14 Officer during the course of investigation, that the petitioner had given physical as well as mental harassment to the victim by suspecting her fidelity and also insisting her to bring dowry in terms of gold jewellery and also cash from her parents house. Due to the provocation made by the accused Nos.2 and 3, the petitioner herein had given physical as well as mental harassment to her and also beaten her. The same has been revealed in the statement which is given before the Investigating Officer during the course of investigation by the witnesses and also the deceased in her statement recorded by the concerned authority. In his statement it is revealed that on 04.10.2018 before the Taluka Executive Magistrate, Hubballi, victim has given a statement before the responsible authority that her mother-in-law namely Basamma and also brother in law namely Chandalingappa, being the Police Constable by avocation and her sister-in-law, namely, Nagamma, they had given provocation to the mind of the accused Channappa in order to eliminate the deceased. Therefore, the accused Channappa had doused Kerosene over 15 her person and lit fire, as a result of that she sustained extensive burn injuries over her face, neck, front and back of chest, abdomen, front and back of both upper limb except front of both of hands, external genetile front and back of both lower limbs except both soles. Most part of burnt area are covered with areas of pus and slough at places. The same has been indicated in the PM report issued by the Doctor who conducted autopsy over the dead body. The Doctor who had given an opinion as to the cause of death is due to septicemia as a result of burn injuries.
10. At a cursory glance of the charge sheet laid by the Investigating Officer consisting statement of CW8 to CW11, it is relevant to refer that Manjawwa who had given birth to the children, namely, Nandini and Shivakumar. But this accused has given physical as well as mental harassment to her by suspecting her fidelity even after two children were born to them. The accused doused kerosene over her person and lit fire, itself indicates that this accused had an intention to 16 eliminate his wife Manjawwa. Therefore, it is said that there are no substances in the contention of the learned counsel for the petitioner for seeking the relief of bail by urging various grounds, which is stated supra. If the accused are supposed to be released on bail, there shall be adverse impact on the society.
11. Learned Govt. Pleader submits that if the accused are supposed to be released on bail certainly he would come in the way of the prosecution case and destroy the evidence, it cannot be ruled out regarding involvement of this accused and so also arraigned of accused No.3 who is no other than the brother in law of the deceased Manjawwa and also by avocation as a Police Constable. Merely because the said accused No.3 has been dropped out from the charge sheet laid, it cannot be said that this accused would not come in the way of the prosecution even if this accused is granted bail and there shall be some responsibility on him to lookafter the welfare of the minor children.
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12. In a peculiar circumstances of the case and so also the involvement of this accused who is none other than the husband of the deceased Manjawwa and also causing for her death is concerned, it is not a fit case to grant bail. Accordingly, I proceed to pass the following order.
ORDER Bail petition filed by the petitioner-accused No.1 u/S 439 of Cr.P.C. is hereby rejected.
SD/-
JUDGE bvv